Wmw 




WSBmmm 



LIBRARY OF CONGRESS 



000D124fl2T7 




Class. 
Book. 



SHORTER COURSE 



IX 



CIVIL GOVERNMENT, 



CONSISTING OP 



SEVENTY LESSONS. 



ARRANGED EN' TOPICS. WITH NUMEROUS QUESTIONS FOR 
CONVENIENCE IN TEACHING. 



PREPARED FOR THE USE OF 

COMMON, SELECT, AND GRAMMAR SCHOOLS 

BY 

OALVIM TOWXSEXD, 

COUNSELOR AT LAW, 

Author of "Analysis of the < 'onsfitution of the United States," " Analysis of Ciril 

Government/" " Compendium of Commercial Law,"' 

M Analysis of Letter- Writing," <fcc. 



IVISOX. BLAKEMAN & COMPANY, 

NEW YORK AND CHICAGO. 



l^ Z 5 / 

.f*74& 

1875 ^ 

TOWNSEND'S CLASS-BOOKS. 



FOR THE USE OF SCHOOLS, COLLEGES AND PRIVATE LEARNERS, 



SHORTER COURSE OF CIVIL GOVERNMENT. 

An elementary text-book for use in Private, Common, Gram- 
mar, and other Schools. Cloth, 240 pages. 

ANALYSIS OF CIVIL GOVERNMENT. For ad- 
vanced classes in Normal and High Schools, and other Insti- 
tutions. Cloth, 340 pages. 

COMMERCIAL LAW. A Text-Book for Business-Col- 
leges and Universities, and a valuable book of Reference for 
every Law Library, Counting-room, and Business-man. Sheep, 
500 pages. 

ANALYTICAL CHART of the Constitution of the 
United States. A valuable accompaniment to the above 
works. 52 pages, 15 x 20 inches each, on rollers. 

ANALYSIS OF LETTER WRITING. Designed ft*. 

the use of Schools, and for persons in Business Ufc. Cloth 
189 pages. 



Copyright, 1875, by Calvin Townsend. 



B y Transfer 
M-ritae Co mq , UK ■$"£ 

SEP 3 1940 



PREFACE. 



rPHE first attempt ever made to present the subject of Civil 
Government in a really didactic form, was made by the 
author a lew years ago, through his Analysis of Civil Government. 
Although the method was entirely new, and therefore open to 
fair criticism, that work has been received with favor, and is 
used as the text-book on the subject by many of our most prom- 
inent institutions of learning. From its first appearance, the call 
for it has increased to an extent both flattering to the author, 
and gratifying to the publishers. 

But it would be difficult, if not impossible, to prepare a text- 
book on any subject, equally adapted to all grides of scholarship. 
A book may meet the wants of a college or university, which 
may not be convenient for use in preparatory schools. Hence, 
while the Analysis of Civil Government has proved its entire 
fitness for the higher institutions, the calls have been numerous 
from teachers of common, select, and grammar schools, for a 
shorter text-book ; but on the general plan of the Analysis. 

Thousands of our live, earnest, devoted educators, believe with 
a working faith, that the day is not distant when Civil Govern- 
ment will be in the list of compulsory studies in the common 
school. From many of this class of faithful laborers, the author 
has received letters, urging and encouraging him to the prepara- 
tion of this little volume. One correspondent says : ik The 
common schools do not call for a better book than your Analysis 
of Civil Government ; but one that is shorter, simpler, and more 
easily taught to the boys and girls of ages from twelve to sixteen 
years. Your Analysis is all that could be asked in high schools, 
normal schools, and even colleges and universities." 

This little volume is not intended to take the place of the 
author's larger work, herein referred to. Every teacher who 
uses this, will find that book a great convenience, if not a neces- 
sity, on his table. It dwells more at large, and in detail, on manj 
matters that are but very briefly noticed in these pages. 

The peculiarities of this class-book are, in some degree, the 
result of friendly suggestions from sources already credited ; and 
are as follows; 



IV PREFACE. 

1. The matter is presented by topics and in analytical form. 

2. The chapters are divided into lessons, each of convenient 
length for class drill. 

3. For convenience in teaching, each lesson is immediately 
followed by questions relating to the subject-matter thereof. 

Some other suggestions have been urged which have been 
entirely disregarded. These propose to take up the State gov- 
ernments, treat them one by one, as independent and separate 
systems, and teach the duties of town, city, county, and State 
officers, how they are elected, or appointed, and their compensa- 
tions. 

To follow such a suggestion, would require not only several 
ponderous volumes, but each must be, so far as the science of 
government is concerned, a substantial repetition of the other. 
Such books might possibly, find place on the shelves of a State 
library ; but there is no place lor them in the school -room. They 
would be nothing but a pile of rubbish. 

To learn the duties of town, city, and county officers, has 
nothing whatever to do with the grand and noble subject of 
Civil Government. 

It may be doubted whether one who proposes such minutia of 
detail, has any definite idea of the term Civil Government. 

Whoever understands the history, purposes, philosophy, and 
grand plan of the general government, comprehends any State 
government, by a mere glance at its Constitution. There is such 
a marked similarity of the State governments to each other, and 
of all, to the government of the United States, that when the 
last named is understood by the student, he fully comprehends 
the others. To attempt class drill on petty town and county 
offices, would be simply burlesque of the whole subject. 

The author submits the result of his effort to the candid and 
enlightened judgment of the great army of educators in the 
United States. He has labored under a most painful burden in 
this last attempt at authorship ; one which he fervently prays 
that neither teacher nor pupil may ever personally realize. He 
alone can fully appreciate the embarrassment under which this 
work has been written who has himself attempted a similar task 
with sightless eyes. 

The Author. 

Rochester, N. Y. ) 
Sept., 1875. S 



TABLE OF CONTENTS. 



CHAPTER I. PAOB 
Civil Government 1 

CHAPTER II. 

Settlement of America 13 

CHAPTER in. 

Articles of Confederation 17 

CHAPTER IV. 

Origin of the Constitution 20 

CHAPTER V. 

Constitution of the United States of America 25 

CHAPTER VI. 

Branches of Government 45 

CHAPTER VII 

Preamble to the Constitution of the U. S. of America . 5? 

CHAPTER VIII. 

Congress 5? 

CHAPTER IX. 

House of Representatives 61 



VI TABLE OF CONTENTS. 

CHAPTER X. 
Senate 78 

CHAPTER XI. 
Provisions Common to both Houses 94 

CHAPTER XII. 

Powers of Congress 108 

CHAPTER XIII. 
Law-Making 148 

CHAPTER XIV. 

Prohibitions on the United States 153 

CHAPTER XY. 

Rights of States 166 

CHAPTER XVI. 
State Subordination 177 

CHAPTER XVII. 

State Prohibitions 181 

CHAPTER XVIII. 

Personal Rights 188 

CHAPTER XIX. 
Executive 200 

CHAPTER XX. 
Vice-President 221 

CHAPTER XXI. 
Judiciary 226 



CHAPTER I. 



LESSON 1. 

CIVIL GOVERNMENT. 

r PHE word government, in its general and comprehen- 
sive sense, signifies that influence and power which 
one person or thing exercises over others. The main- 
spring of a watch, for instance, governs the movement 
of that machine. Gravitation governs the motions of 
the heavenly bodies, and, to some extent, of all others. 

A father governs his family. The mayor and aldermen 
of a city govern the affairs of that corporation. The pres- 
ident and professors of a college or university are called 
the faculty, who govern the institution, as the schoolmas- 
ter governs his school. The sovereign of a nation governs 
the people of whom it is constituted. No nation could 
exist, as such, for a single month without organized gov- 
ernment in some form or other. No citizen could enforce 
his rights to security of property and personal safety 
against the attacks of the vicious and depraved. He 
would not be safe under his own roof, but would be in 
constant danger while sleeping in his own bed, and repos- 
ing on his own pillow. 

This would be a condition of fearful anarchy. Under 
such a state of things, no person could feel the least in- 
terest in the accumulation of property ; for it would be 
sure to be wrested from him by the hands of thieves and 
robbers. He could feel no incentive to the cultivation of 



2 CIVIL GOVERNMENT. 

fields and gardens ; for they would be despoiled by ruth- 
less vandals and reckless marauders. 

Without the power of government, in some organized 
form, the sufferers from such outrages could obtain no 
redress, except through those retaliatory measures that 
must lead to anarchy and bloodshed among the parties 
concerned. There would be no tribunal by which to try, 
condemn, and by whose authority to punish such offend- 
ers. The weak must surrender to the strong, and right 
must give way to might. Mere physical force and brutal- 
ity would triumph over justice and reason. The strong 
man, like the strong beast of the forest, would be king 
among his kindred. But, under the authority of good 
government, the bad man, however gigantic in form and 
strength, may be restrained in his vices, and punished for 
his crimes. 

As here used, the word government signifies the organ- 
ized means and power that a state or nation employs for 
the purpose of securing the rights of the people, and of 
perpetuating its own existence. 

Government is of various forms, depending on the 
choice of those who have the power to establish it. The 
most ignorant nations are governed by tyrants and des- 
pots, who rule without any regard to the welfare of their 
subjects. The caprice of the sovereign is the law ; and it 
must be obeyed, though the heads fall from the shoulders 
of a thousand subjects at a blow. Nothing but the pro- 
foundest ignorance of the people could give security and 
stability to the throne of the despot. " Despotism is the 
only form of government which may, with safety to 
itself, neglect the education of its infant poor." The des- 
pot rules without regard to a constitution or laws. 

Hence history shows that the more despotic the govern- 
ment, the more ignorant the common people. Let the 
people be educated the world over, and despotic govern- 



CTYI1. GOVERNMENT. 3 

ments would be known only as institutions of the past. 
They would be lost in by-gone history. 

The statesman knows that a form of government well 
adapted to the condition of a refined and intelligent peo- 
ple, is not the form adapted to a people sunk in ignoranco 
and superstition. The common school house is an enemy 
to despotism, and the friend to free government. Intel- 
ligence qualifies the citizen for self-government. It en- 
ables him to judge for himself on all questions affecting 
the public interest. He is not satisfied when denied a 
voice in their decisions. 

While a free government, like that of the United States, 
is the best possible form for an intelligent and virtuous 
people, on the other hand it is the very worst for the igno- 
rant and depraved. Under the sway of the latter class 
the power of administration would be likely soon to fall 
into the hands of political intriguers and ambitious dema- 
gogues. 

The safety of our government depends entirely on the 
virtue and intelligence of the common people. An igno- 
rant voter, with the ballot in his hand, may do as much 
damage to the commonwealth, as the mercenary legislator 
or a corrupt executive. 

The following are the principal forms of government 
known in history. In some countries there may be a 
combination of two or more of them ; while in others 
there may be a modification of any one of them. 1. Pa- 
triarchal ; 2. Theocratic ; 3. Monarchial ; 4. Aris- 
tocratic ; 5. Democratic ; 6. Republican. 

I. rATRlABCTTAL.— This was the first and is the 
Oldest human government. It is family government, or 
that form exercised by the father over his family. From 
the necessary relations of a father to his household, this 
kind of government is founded in nature. It existed from 
the earliest ages, long before states and nations were 



4 CIVIL GOVERNMENT. 

known, and while there were but few inhabitants on the 
earth. It was the only form until several centuries after 
the flood. It still exists in some parts of Asia, Africa, and 
among the North American Indian tribes. Indeed, in a 
limited sense, it prevails wherever there is a household to 
govern, though perhaps not in the ancient mode. Strictly- 
speaking, it lies at the foundation of all good government. 
When every father becomes a true patriarch at home, the 
national security will rest on the moral sense and intelli- 
gence of the people. 

II. THEOCRATIC— This form of government be- 
longs, in history, to the Old Testament ages. A theoc- 
racy is a form of government under the immediate direc- 
tion and administration of God. The ancient Israelites 
were governed in this manner for nearly fifteen hundred 
years. They received their law on Mount Sinai by direct 
revelation from God. This form of government became 
extinct at the dawn of the Christian era. 

III. MOKARCHIAL. — A monarchial form of gov- 
ernment is one that is administered by a monarch. The 
country, kingdom, or empire over which he exercises 
jurisdiction, is called a monarchy. It is that form of 
government in which the supreme authority is vested in a 
single person, who is called the monarch. He may be 
otherwise called king, emperor, czar, shah, sultan, or by 
any other term significant of his position. 

With reference to the power vested in the sovereign, 
monarchies may be divided into two classes : 1. Absolute; 
2. Limited. 

1. Absolute. — An absolute monarchy is one over which 
the sovereign rules with absolute power, holding himself 
responsible to no earthly tribunal for what he sees fit to 
do. He not only makes the law by which to govern his 
subjects, but interprets and executes it according to the 
caprices of his own will. In other words, his arbitrary 



CIVIL GOVERNMENT. 5 

will is the law of the realm. He does not, indeed, in all 
cases attend personally to the details of his government ; 
but he appoints subordinate officers for this purpose. 
Their tenure of office, their salaries, and even their lives 
are at his disposal. If, in his tyranny, he order that a 
hundred or a thousand of his hapless subjects shall be de- 
capitated, their heads are severed from their bodies. 

Such a ruler is a despot, and his government a terrible 
despotism. Russia, China, Persia, Morocco, and some 
other oriental countries are absolute monarchies. 

2. Limited. — A limited monarchy is a government in 
which the sovereign is restrained by a constitution and 
established laws. These laws have their force by the de- 
cisions of the courts, by long-established usage, and by the 
enactments of the legislative authority. 

The monarch is simply the executive branch of the gov- 
ernment. He can execute the laws, but he cannot make 
them. The court, not the king, interprets them. The 
parliament makes the statutes, though the assent of the 
sovereign is essential to their validity ; but that assent is 
rarely withheld. The sovereign of a limited monarchy 
has no right whatever to disregard the laws of his king- 
dom or empire ; like his humblest subjects he must obey 
them. Such a government may be called a constitutional 
monarchy. 

With reference to the sovereign's title to his throne, 
monarchies are of two classes : a. Hereditary ; b. Elective. 

a. Hereditary, — Under a hereditary monarchy the 
sovereign obtains his title to the throne by birth. The 
oldest son of the deceased monarch takes the crown of his 
father by inheritance. If there is no son the oldest 
daughter succeeds to the throne of the father. Edward 
VI of England, though but a lad in years, succeeded to 
the throne of his father, Henry Vni, in preference to his 
sisters, Mary and Elizabeth, both of whom were much 



6 CIVIL GOVERNMENT. 

older than the boy-king. At his death, having reigned 
but six years, Mary, his elder sister, was crowned. At 
her death, five years thereafter, the younger sister, Eliza- 
beth, was crowned Queen of England. 

Had Edward married, and become the father of chil- 
dren, they would have been heirs to the throne, to the ex« 
elusion of Mary and Elizabeth. 

William I, a foreigner, obtained the throne of England 
in a single battle, fought in 1066 on the north shore of 
the British Channel. He is known in history as William 
the Conqueror. That single conflict of arms at Hastings 
decided who should occupy the throne of that country for 
more than eight hundred years, and probably for more 
than a thousand. The crown of royalty has rested on the 
brow of his descendants ever since the twenty-fifth day of 
December, the year of that eventful struggle. Yet, not 
one of this long line of kings and queens has ever ascend- 
ed the throne by the formal, expressed choice of English 
subjects. In many instances it has been occupied by for- 
eigners, and in every case it has been claimed by right of 
birth. 

b. Elective. — An elective monarchy is one whose sov- 
ereign is elected to the throne by his subjects, or by those 
holding official positions giving them a voice in the pro- 
ceeding. He is elected for life. There have been but 
few such monarchies. 

IV. ARISTOCRATIC. — An aristocratic government 
is one in which the power to rule the affairs of state is 
vested in the hands of a few persons — a select body of 
men. Aristocracy signifies a government of the best, 01 
by the best. They may hold their positions by right of 
birth, or by appointment. 

A government is said to be aristocratic, the constitution 
of which establishes privileged classes, as the nobility and 
clergy, and entrust the government entirely to them, 01 



CIVIL GOVERNMENT. 7 

allows them a very disproportionate share in it. Such was 
formerly the government of Venice ; and some of the 
Swiss cantons are governed in the same manner. More 
or less of this element pervades the most powerful gov- 
ernments of Europe. It is wholly absent in the govern- 
ment and constitution of the United States. TTe have no 
orders of nobility, and no privileged classes. 

V. DEMOCRATIC. — A democratic form of govern- 
ment is one in which the ruling power, or the principle 
of sovereignty, is exercised by the people. Strictly speak- 
ing, it is one under which the people assemble together at 
stated times, and all have a voice in making the laws by 
which they promise to be governed. 

By the word people, as here used, the qualified voters 
only are included. The qualifications to vote are gene- 
rally defined by a constitution, called the fundamental 
law of the nation. Proper age, male sex, citizenship, and 
residence are the usual conditions for a voice in public 
affairs. 

Some of the cities of ancient Greece acted under this 
form of government ; and some of the smaller Swiss can- 
tons govern themselves by the same mode. But it is a 
very unwieldy, clumsy method, and utterly impracticable 
in a state of considerable population, or breadth of terri- 
tory. 

VI. REPUBLICAN.— This is a representative gov- 
ernment. The state or nation is governed by laws made 
by representatives chosen by the voters at elections held 
at stated times ; and most of the officers of government 
are elected in substantially the same way. The officer or 
representative is chosen by the people, and is their agent 
or servant. 

A full definition of the word republican, as generally 
understood, necessarily includes the element of democracy. 
The people's voice is heard in the election ; and this is 



8 CIVIL GOVERNMENT. 

democratic. But the law-making and law-executing are 
done by those who are elected for these purposes. The 
latter is the republican element, or representative feature. 
Hence the government of the United States is demo- 
cratic-republican. The term republican, however, is the 
one by which it is usually known. Defined by the extent 
and peculiarities of jurisdiction, the country known as the 
United States has two distinct classes of government. 
These are : 1. State; and 2. Federal. 

1. State Governments.— Each state, known and 
defined by geographical boundaries, has a dependent repub- 
lican government of its own. Before it entered the Fed- 
eral Union it possessed all the attributes of national sov- 
ereignty. It could make treaties and form alliances ; it 
could declare war, grant letters of marque and reprisal, 
and conclude peace ; it could raise and support armies and 
navies ; it could coin money, and emit bills of credit ; 
and, in short, exercise all the prerogatives of an independ- 
ent nation. 

But these powers, and several others, were surrendered 
to the general government when the state became a mem- 
ber of the federal union. On assuming this relation the 
states ratified the Consfitution of the United States. By 
this act all the states not only created a new government 
over themselves, but entered into entirely new relations to 
each other. They accepted a constitution as the bond of 
their union. 

This bond clearly defines what they severally resign foi 
the common good, and what they reserve. 

2. Federal Government. — The federal govern, 
ment is the outgrowth of this union of the several states. 
The form of this government is, like that of each of the 
several states, republican. It has, like the states, three 
distinctive branches or departments: the legislative, exec- 
utive, and judicial. 



CIVIL GOVERNMENT. U 

The nation has its president, and the state has its gov- 
ernor ; the nation has its vice-president, and the state its 
lieutenant-governor. The nation has its congress, and the 
state its legislature. The nation has its federal judiciary, 
and the state has its system of courts. In many other 
respects the pupil will find a close analogy between the 
state and federal government. If he will make himself 
well acquainted with the Constitution of the United 
States, he can easily acquire a general knowledge of any 
state government by attentively reading its constitution. 
He will find that in many particulars the state constitu- 
tions are not only similar to each other, but, in numerous 
instances, bear a striking resemblance to the constitution 
of the federal government. 

Although six specific forms of government have been 
defined, they are either monarchial or democratic in char- 
acter, or a mixture of these. Patriarchal and theocratic 
are definite forms of the monarchial. The rule of an em- 
pire by one man is of the same class. God governed the 
Israelites by direct authority. The father governs his 
family by direct command ; and the will of the absolute 
sovereign is the law for his millions of subjects. These 
several types of the monarchial form are called by differ- 
ent names, because thereby the exact relations of sov- 
ereign to subjects are more clearly expressed. 

The democratic form is a government " of the people, 
by the people, and for the people." A republican govern- 
ment might be defined by the same words. The sov- 
ereignty is in the people, but is exercised indirectly. They 
choose their own officers, law-makers, and law-interpreters. 
■ In a few instances the officers are chosen by intermediate 
authority ; but this method is sanctioned by the people. 

A government purely aristocratic, as generally defined, 
can hardly be found in history ; certainly not of long con- 
tinuance. This element may be combined with the mo- 



10 CIVIL GOVERNMENT. 

narchial or democratic, and it usually is ; but as an inde- 
pendent government it must be a usurpation. It excludes 
all idea of authority except what is assumed. For, if the 
aristocratic rulers derive their power from the sovereign 
of a kingdom or an empire, the monarchial form appears ; 
if, on the other hand, they are elected or appointed by 
the people, directly or indirectly, the democratic form ap- 
pears. In either case there is not an independent aris- 
tocracy, but one that is dependent on the form to which 
it is attached or allied. 

In all monarchies of modern times, whether absolute or 
limited, this element is present. In Great Britain, for in- 
stance, there is a titled nobility, distinct from the royal 
family. It consists of several orders : dukes, marquises, 
earls, viscounts, and barons. Orders of nobility sit in the 
shadow of every earthly throne. Without them, royalty 
itself must languish and die. 



POLITICAL MAXIMS. 

1. The good of the governed is the only true object of every gov- 
ernment. 

£. That government, under which the rights of all persons are not 
equally protected, is organized injustice. 

3. Under a genuine republican government there are no political 

distinctions of birth. 

4. An intelligent people cannot live under a government in which 

they have no voice. 

5. For a moral and intelligent people a republican government is 

the best in the world ; for an immoral and ignorant people it 
is the worst. 
8. The Constitution of the United States should be carefully 
studied by every American citizen. 

7. Every citizen should be familiar with the constitution of his 

own state. 

8. Every enfranchised citizen should exercise his right of suffrage. 



CIVIL GOVERNMENT. H 

9. No citizen should approach, the ballot box, ignorant of the ques- 
tion to be decided by his vote. 

10. The Constitution of the United States lies at the foundation of 

all political knowledge relating to this country. 

11. School-houses and schoolmasters are forts and garrisons to a 

republic. 

12. In the United States the ballots of ignorant voters are more to 

be dreaded than the muskets of foreign soldiers. 



QU ESTIONS. 

1. What does government mean ? 

2. What examples are given ? 

3. What could we do without government ? 

4. Why would we be unsafe without it ? 

5. What are the advantages of government ? 

6. What does the word government here signify I 

7. What about the forms of government ? 

8. Who govern the most ignorant nations ? 

9. How do despots rule ? 

10. What does history show as to ignorance ? 

11. What does the statesman know? 

12. What is said of the school -house ? 

13. What is said of the government of the United States? 
14 On what does its safety depend ? 

15. What is said of the ignorant voter ? 

16. What forms of government are known in history? 

17. In what is the first founded ? 

18. What is said of it 1 

19. Where does it now exist ? 

20. What is said of a theocratic form ? 

21. When and over whom did it prevail? 

22. Where did the Israelites receive the law? 

23. What is said of a monarchy? 

24 By what terms may monarchs be known ? 

25. How are monarchies divided ? 

26. What is an absolute monarchy ? 

27. What countries are despotisms ? 

28. What is a limited monarchy? 

29. What is the limit of the sovereign's power over it? 

30. What may such a government be called ? 



12 CIVIL GOVERNMENT. 

81. What is said of a sovereign's title to his throne? 

32. What example is given ? 

33. What is said of William the Conqueror? 

34. What did the battle of Hastings decide ? 

35. What is an elective monarchy? 

36. What is an aristocratic government ? 

37. Where have such existed ? 

38. What is said of it in Europe and in the United States? 

39. What is the democratic form ? 

40. How are the qualifications to vote defined? 

41. Where has the democratic form prevailed? 

42. What is a republican government ? 

43. What is that of the United States? 

44. What is said of state governments ? 

45. What changes in the states on entering the Union ? 

46. What is the federal government ? 

47. How are the state and general government compared ? 

48. What are the two principal forms of government ? 

49. What are the others ? 

50. What is said of the democratic-republican form? 

51. What of the aristocratic? 

52. What is said of this element in Great Britain? 

53. What are orders of nobility there ? 



CHAPTEE II. 



LESSON 2. 
SETTLEMENT OF AMERICA. 

A COLONY consists of a company of people who 
■^"^ associate together for mutual advantage in the set- 
tlement of a remote country. Having a common object, 
they generally are induced to thus unite on account of 
similarity of views on religion, politics, or social interest. 
They may migrate from a single country or nation, or 
from different countries. A settlement thus formed is 
called a colony, and this mode of settlement is called col- 
onization. 

A colony usually adopts local laws for its own conven- 
ience, adapted to its circumstances, but subject to the 
general laws and government of the country from which 
the people of the colony emigrated. If they came from 
England, they would be called an English colony ; if from 
Spain, they would be called a Spanish colony ; thus taking 
the name from the country in which the inhabitants had 
formerly resided. 

Different parts of the great North American continent 
were colonized in the manner just named. Four hundred 
years ago nothing was known of America to the Europeans. 
It had not then been discovered. When Columbus first 
landed on these shores, the country was one vast wilder- 
ness, inhabited by rude and ignorant savages, having no 
knowledge of law, government, religion, science^ litera- 



14 CIVIL GOVERNMENT. 

ture or art. They had no churches, no schools, no gar- 
dens, no farms. They lived by hunting, and gathering 
fruits and roots of spontaneous growth. They clothed 
themselves with the skins of beasts. As to their food, 
they knew not how to preserve it ; made no provision for 
the future, but were dependent on each day's efforts for 
each day's supply. Hence starvation might overtake 
them any day. They lived in rude huts and wigwams, 
and slept on the bare ground through all seasons of the 
year. 

On account of religious and political intolerance and 
persecution in the countries of Europe, and other home 
grievances, thousands of people left their native country 
in the old world and migrated to the new. Here they 
planted colonies all along the coast of the Atlantic in 
North America. These settlements were for the most 
part made by English subjects ; and, in the course of time, 
the colonies were all brought under the authority of the 
British crown. 

When territory is found uninhabited at the origin of 
new settlements therein, it is usual to adopt the laws of 
the nation from which the settlers have migrated, so far 
as they may be found applicable to the new condition of 
things. 

Although this country was occupied by a wild, unculti- 
vated and savage population, without law or government 
in any civilized sense, the colonists chose to consider 
themselves as settling an uninhabited territory. As a 
large proportion of the new settlers of these colonies were 
from England, they would naturally lean to the jurispru- 
dence of that country. 

It must be remembered, also, that the colonies were 
nearly all settled under the patronage and favor of Great 
Britain. Those that were not, soon came under the juris- 
diction of the British crown. 



SETTLEMENT OF AMERICA. 



15 



The growth of the colonies was slow and gradual, ex- 
tending through a period of from one hundred to one hun- 
dred and fifty years. The following are the names and 
dates respectively of their first permanent settlements : 



Virginia 1607 

New York 1614 

Massachusetts 1620 

New Jersey 1620 

New Hampshire 1623 

Maryland 1634 

Connecticut 1635 



Rhode Island 1630 

Delaware 1638 

Pennsylvania 1643 

North Carolina 1663 

South Carolina 1670 

Georgia 1733 



Over these colonies the British government maintained 
supremacy for more than a hundred years. But the latter 
part of the eighteenth century the colonies became so dis- 
affected towards the government of England, on account 
of what they regarded as oppressive measures of the British 
Parliament, that they were induced to declare themselves 
independent of the authority of that country. This 
formal act of separation is called the Declaration of Inde- 
pendence. It was made in a congress composed of dele- 
gates from all the colonies, on the fourth day of July, in 
the year one thousand seven hundred and seventy-six. 

In this Declaration the colonies, by their representatives, 
proclaimed themselves free and independent states. They 
abjured all allegiance to the British crown, and assumed 
that, as free and independent states, they possessed all 
the attributes and prerogatives of a sovereign and inde- 
pendent nation. 

The colonies had been at war with Great Britain more 
than a year before this Declaration. The war continued 
seven years longer, and resulted in the complete triumph 
of the American cause. Great Britain acknowledged tha 
independence of the United States, and peace between the 
two countries was proclaimed in one thousand seven hun' 
dred and eighty-three. 



16 CIVIL GOVERNMENT. 



QUESTIONS. 

1. What is a colony ? 

2. What does a colony usually do ? 

3. From what does a colony take its name ? 

4. What was the condition of the country when Columbus first 

landed in America ? 

5. What is said of the savages ? 

6. Why did people leave the old country for the new ? 

7. What did they do here ? 

8. By whom were most of the settlements made ? 

9. Under whose authority were they ? 

10. What is the' practice on finding new territory ? 

11. What did the colonists consider the territory which they settled? 

12. Under whose patronage were the colonies established ? 

13. What is said of the growth of colonies ? 

14. What was the date of the settlement of each ? 

15. How long did the British government maintain supremacy over 

these colonies? 

16. What occurred the latter part of the eighteenth century ? 

17. What is this formal act called in history ? 

18. By whom, and when was it made ? 

19. What did the colonies proclaim in this Declaration ? 

20. How long did the war continue ? 

21. When was peace proclaimed between the two countries $ 



CHAPTEK III. 



LESSON 3. 
ARTICLES OF CONFEDERATION. 

A FTER the Declaration of Independence was passed, a 
"^^ plan was adopted by which to unite the states as 
one nation. In the month of September, 1776, Congress 
proposed Articles of Confederation, and caused them to 
be sent to the several states, asking for their ratification 
of the same. These Articles were not to be binding be- 
tween the states ratifying them, until they should receive 
the approval of all. 

In July, 1778, the ratification of all the states had been 
obtained, except Delaware, New Jersey, and Maryland. 
The assent of New Jersey was given Nov. 25 of the same 
year ; of Delaware, Feb. 22, 1779 ; and of Maryland, 
March 1, 1781. On the second day of March, 1781, Con- 
gress assembled under the Confederation. 

But the Revolutionary War, which began in 1775, had 
continued all this time ; during which the states had been 
united by the ties of a common interest, by the sense of a 
common danger, and by the necessities of a common 
cause, having no written bond of union. In short, they 
were held together by their fears. 

The following are some of the peculiarities that distin- 
guish the Articles of Confederation from the present Con- 
stitution ■ 



18 CIVIL GOVERNMENT. 

1. The Confederation was declared to be a firm league of friend- 

ship between the several states. 

2. Delegates to Congress were to be appointed annually, in such 

manner as the legislature of each state might direct. 

3. The power was reserved to the states to recall their delegates, 

or any of them, within the year, and to send others in their 
places for the remainder of the year. 

4. No state was allowed representation in Congress by less than 

two, nor more than seven members. 

5. No person was eligible to a seat in Congress for more than three, 

in any term of six years. 

6. Each state had to maintain its own delegates in a meeting of 

the states, and while as members of the committee of the 



7. In determining questions in the Congress, each state had but 

one vote. 

8. All charges of war and other expenses, incurred for the com- 

mon defense and general welfare, were to be defrayed out of 
a common treasury. 

9. The treasury was to be supplied by the several states, in pro- 

portion to the value of all lands, and the improvements and 
buildings thereon, within each state, granted to or surveyed 
for any person, to be estimated according to the direction of 
Congress. 

10. Congress was to send and receive ambassadors. 

11. Congress was the tribunal of last resort, on appeal, in all dis- 

putes and differences between two or more states, concerning 
boundary, jurisdiction, or any other cause whatever. 

12. Congress was the tribunal to decide all controversies concern- 

ing the private right of soil claimed under different grants of 
two or more states, under certain limitations. 

13. Congress was to commission all the officers of the United 

States. 

14. Congress had authority to appoint a committee, to sit during the 

recess of that body, to be denominated " a Committee of the 
States," and to consist of one delegate from each state. 

15. Canada, acceding to the Confederation, and joining in the 

measures of the United States, was to be admitted into the 
Union. 

16. The Union was to be perpetual. 

17. No provision was made for any such officer as President. 

18. There was no national judiciary. 

19. Congress consisted of but one house. 



ARTICLES OF CONFEDERATION. 19 

By reference to the foregoing synopsis of peculiarities in 
the Articles of Confederation, it is not remarkable that, 
as a constitution for the country, they soon proved a fail- 
ure. They were hastily prepared, and public attention 
being almost wholly absorbed jn the great events of the 
day, they did not receive thso critical investigation which 
their importance demanded. As a plan of union they 
were never entirely satisfactory to the leading statesmen 
of that day. 

It was but five or six years after their ratification by 
all the states before decisive steps were taken for their 
revision. Their insufficiency had become so complet^y 
demonstrated that a wide-spread conviction prevailed that 
they must either be revised or abandoned altogether. 



QU ESTIONS 



1. What was done after the Declaration of Independence ? 

2. What was proposed by Congress ? 

3. When did the states ratify the Articles of Confederation? 

4. When did they go into operation ? 

5. How were the states united during the war ? 

6. What were some of the peculiarities of the Articles of Confeder 

atioa? 



CHAPTEE IY. 



LESSON 4. 
ORIGIN OF THE CONSTITUTION. 

r\N the 21st of January, 1786, the Virginia legislature 
^^^ took the first step which finally led to the formation 
of the present Constitution of the United States. That 
day they passed the following resolution : 

" Hesolved, That Edmund Randolph, James Madison, 
jr., Walter Jones, St. George Tucker, and Meriweather 
Smith, Esqs., be appointed commissioners, who, or any 
three of whom, shall meet such commissioners as may be 
appointed in the other states of the Union, at a time and 
place to be agreed on, to take into consideration the trade 
of the United States ; 

"To examine the relative situations and trade of said 
states ; 

" To consider how far a uniform system in their com- 
mercial regulations may be necessary to their common 
interests and their permanent harmony ; 

"And to report to the several states such act relative to 
this great object, as, when unanimously ratified by them, 
will enable the United States in Congress effectually to 
provide for the same." 

The time and place of meeting were left to the commis- 
sioners, and they fixed on the first Monday of September 
following, at Annapolis, Md. In response to the action 
of Virginia but eight states appointed commissioners to 



ORIGIN 1 OF THE CONSTITUTION. 21 

attend the meeting. When the time of meeting arrived, 
only five states were represented : New York, Pennsyl- 
vania, Virginia, Delaware, and New Jersey. 

The meeting, it had become evident, must prove a 
failure ; for so few commissioners were present it was 
thought to be unwise to proceed to the business for which 
the meeting was called. But they were reluctant to ad- 
journ without taking some forward step. 

The New Jersey deputation had a commission extend- 
ing its object to a general provision for the " exigencies 
of the Union." Acting on this suggestion, a recommen- 
dation for this enlarged purpose was reported by a com- 
mittee to whom the subject had been referred. 

That report was written by Alexander Hamilton, of 
New York, and addressed to the legislatures of the states 
represented in the convention. 

This report was an able, lucid, and elaborate document, 
recommending another convention of deputies from all 
the states, to meet on the second Monday of May follow- 
ing, 1787, in the city of Philadelphia. A copy of the 
report was also sent to Congress. 

Virginia again took the lead, and was the first to ap- 
point deputies to the proposed Philadelphia Convention ; 
among whom was their most distinguished citizen, George 
Washington. 

Feb. 21st, 1787, % resolution was moved and carried in 
Congress, recommending a Convention to meet in Phila- 
delphia at the time suggested in the report, " for the pur- 
pose of revising the Articles of Confederation, and report- 
ing to Congress and the several state legislatures such 
alterations and provisions therein, as shall, when agreed 
to in Congress and confirmed by the states, render the 
Federal Constitution adequate to the exigencies of gov- 
ernment and the preservation of the Union." 

But on account of the uprising, known as the Shays' 



22 CIVIL GOVERNMENT. 

rebellion in Massachusetts, which had occurred within the 
last year or two, the deranged condition of the finances of 
the country, and sharp controversies, verging on open hos- 
tility, between several of the states, the public mind was 
drifting in the right direction to favor the recommenda- 
tion of Congress. The states promptly acted through 
their legislatures, and delegates were appointed to meet 
in the proposed Convention to revise the Articles of Con- 
federation. 

On the day appointed, however, the second Monday in 
May, 1787, there was by no means a full representation 
of the states ; there being present but twenty-nine dele- 
gates. They did not immediately proceed to business, 
therefore, but adjourned from day to day, waiting for a 
fuller delegation, until Friday, the 25th. On that day 
they organized by unanimously choosing George Wash- 
ington president of the Convention. , 

The daily sessions of that body continued until the 17th 
of September, four months and three days from the day 
appointed for their meeting. Their sessions were secret — 
they sat with closed doors ; and although the new Con- 
stitution was soon published to the people, the daily pro- 
ceedings of the Convention were not known until more 
than fifty years after its labors were ended. 

James Madison, of Virginia, afterwards President of 
the United States, was a member of the Convention. He 
was a very ready writer of shorthand, and took copious 
notes of the proceedings. These notes were published by 
authority of Congress, over fifty years thereafter, and 
several years subsequent to their author's death. They 
are known in their published form, three large volumes, 
as The Madison Papers. 

When their labors were finished, a copy of the new 
Constitution was sent to Congress, then in session, with 
the recommendation that it should be presented to the 



OKIGIN OF THE CONSTITUTION. 23 

people for ratification by state conventions called for that 
purpose. 

In response to the recommendation of the Convention, 
Congress took the necessary steps to have the new Con- 
stitution transmitted to the several state legislatures, in 
order to be submitted to a convention of delegates chosen 
in each state by the people thereof. 

By the terms of that document, the ratification of the 
conventions of nine states was declared sufficient for its 
establishment between the states so ratifying the same. 

Three states ratified it before the close of the year 1787, 
and eight more by the 26th of July, 1788 ; so that, in 
less than one year from the time of its submission to the 
people, a sufficient number of states had accepted it as the 
fundamental law of the land, to warrant the commence- 
ment of operations under it. 

Under the direction of Congress, representatives were 
elected by the people, and senators by the state legisla- 
tures, and electors of President and Vice-President were 
chosen. On Wednesday, the fourth day of March, 1789, 
the first constitutional Congress met, and proceedings 
Were commenced under the new organization soon after. 

In those days travel was far more difficult than in 
(hese later days of railroad facilities. A quorum in Con- 
gress, therefore, did not assemble until the 6th of April, at 
which time the votes for President were counted ; and it 
was found that George Washington was unanimously 
elected. John Adams, of Massachusetts, was elected 
Vice-President. Thus the new government was now in 
fall operation. ^__ 



24 CIVIL GOVERNMENT. 



QUESTIONS. 

1. What did Virginia do January 21, 1786? 

2. Who were the commissioners appointed ? 

3. What time and place did they select ? 

4. How many states appointed commissioners "besides Virginia? 

5. How many and what states were represented in the meeting ? 

6. Why did not the meeting proceed to business ? 

7. What course did they take ? 

8. What subject was referred to a committee? 

9. By whom was that report written ? 

10. What was the substance of the report ? 

11. What course did Virginia take ? 

12. What was done in Congress about the matter ? 

13. What circumstances caused a favorable change in the public 

mind? 

14. What course did the states take ? 

15. How many delegates appeared at the time and place of meet 

ing? 

16. When did the Convention organize ? 

17. Who was chosen president? 

18. How long did the session continue ? 

19. How were the sessions held ? 

20. What is said of Mr. Madison ? 

21. What was done when the Convention finished its work? 

22. What course did Congress take ? 

23. How many states ratified it in 1787 ? 

24. How many in 1788 ? 

25. What proceedings followed these ratifications! 

26. When did the first Congress meet ? 

27. Who was chosen the first President ? 



CHAPTER V. 



LESSON 5* 

CONSTITUTION OF THE UNITED STATES 
OF AMERICA. 



Note.— A large figure is placed on the left margin of each paragraph of the fol- 
lowing copy of the Constitution, so that the paragraphs may be referred to by 
numbers. This will be found a convenience in studying the Analysis of the Con- 
stitution, as the corresponding figures are used there. 



1 



PREAMBLE. 

We, the People of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defense, promote the gen- 
eral welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this Constitution 
for the United States of America. 

ARTICLE I. 

SECTION 1. 

All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a 
Senate and House of Representatives. 

SECTION 2. 

O 1. The House of Representatives shall be composed of 
^ members chosen every second year by the people of the sev- 
eral States, and the electors in each State shall have the 
qualifications requisite for electors of the most numerous 
branch of the State Legislature. 

* The teacher should require the pupil to become so familiar with this chapter 
as to answer the questions at the end of it. 

2 



2 



26 CIVIL GOVERNMENT. 

4 2. No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State in which he shall ba 
chosen. 

5 3. Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and ex- 
cluding Indians not taxed, three-fifths of all other persons. 
The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, 
and within every subsequent term of ten years, in such manner 
as they shall by law direct. The number of Representatives 
shall not exceed one for every thirty thousand, but each 
State shall have at least one Representative ; and, until such 
enumeration shall be made, the State of New Hampshire 
shall be entitled to choose three, Massachusetts eight Rhode 
Island and Providence Plantations one, Connecticut five, New 
York six, New Jersey four, Pennsylvania eight, Delaware 
one, Maryland six, Virginia ten, North Carolina five, South 
Carolina five, and Gfeorgia three. 

4. When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

5. The House of Representatives shall choose their Speaker 
and other officers, and shall have the sole power of impeach- 
ment. 



6 

7 



8 
9 



SECTION 3. 

1. The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature 
thereof for six years ; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided, as equally 
as may be, into three classes. The seats of the Senators of 
the first class shall be vacated at the expiration of the second 
year ; of the second class, at the expiration of the fourth 
year ; and of the third class, at the expiration of the sixth 
year ; so that one-third may be chosen every second year : and 
if vacancies happen, by resignation or otherwise, during the 



10 



11 

12 



13 



14 



15 



16 



17 



CONSTITUTION OF THE UNITED STATES. 27 

recess of the Legislature of any State, the executive thereof 
may make temporary appointments until the next meeting 
of the Legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have at- 
tained to the age of thirty years, and been nine years a citi- 
zen of the United States, and who shall not, when elected, be 
an inhabitant of that State for which he shall be chosen. 

4. The Vice-President of the United States shall be Presi- 
dent of the Senate, but shall have no vote unless they be 
equally divided. 

5. The Senate shall choose their other officers, and also a 
President pro tempore in the absence of the Vice-President, 
or when he shall exercise the office of President of the United 
States. 

6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath 
or affirmation. When the President of the United States is 
tried, the Chief Justice shall preside ; and no person shall be 
convicted without the concurrence of two-thirds of the mem- 
bers present. 

7. Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit, under the 
United States ; but the party convicted shall nevertheless be 
liable and subject to indictment, trial, judgment, and punish- 
ment, according to law. 

SECTION 4. 

1. The times, places, and manner of holding elections for 
Senators and Representatives shall be prescribed in each 
State by the Legislature thereof ; but the Congress may at 
any time, by law, make or alter such regulations, except as 
to the places of choosing Senators. 

2, The Congress shall assemble at least once in every year ; 
and such meeting shall be on the first Monday in Decem- 
ber, unless they shall by law appoint a different day, 

SECTION B. 

1. Each House shall be the judge of the elections, returns, 
and qualifications of its own members ; and a majority of 



28 CIVIL GOVERNMENT. 

each shall constitute a quorum to do business, "but a smallei 
number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members, in such manner 
and under such penalties as each House may provide. 

2. Each House may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the 
concurrence of two-thirds, expel a member. 

3. Each House shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as 
may, in their judgment, require secrecy; and the yeas and 
nays of the members of either House on any question shall, 
at the desire of one-fifth of those present, be entered on the 
journal. 

4. Neither House, during the session of Congress, shall, 
without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two 
Houses shall be sitting. 



18 
19 



20 



21 



23 
24 



SECTION 6. 

1. The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law, and 
paid out of the treasury of the United States. They shall, 
in all cases except treason, felony, and breach of the peace, 
be privileged from arrest during their attendance at the ses- 
sion of their respective Houses, and in going to and return- 
ing from the same ; and for any speech or debate in either 
House, they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States which shall have been 
created, or the emoluments whereof shall have been in- 
creased, during such time ; and no person holding any office 
under the United States shall be a member of either House 
during his continuance in office. 

SECTION 7. 

1. All bills for raising revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur 
with amendments, as on other bills. 

2. Every bill which shall have passed the House of Repre- 
sentatives and the Senate, shall, before it become a law, be 



CONSTITUTION OF THE UNITED STATES. 29 

presented to the President of the United States : if he ap- 
prove, he shall sign it ; but, if not, he shall return it, with 
his objections, to that House in which it shall have originated, 
who shall enter the objections at large on their journal, and 
proceed to reconsider it. If, after such reconsideration, two- 
thirds of that House shall agree to pass the bill, it shall be 
rent, together with the objections, to the other House, b* 
which it shall likewise be reconsidered ; and, if approved b? 
two-thirds of that House, it shall become a law. But, in all 
such cases, the votes of both Houses shall be determined by 
yeas and nays ; and the names of the persons voting for and 
against the bill shall be entered on the journal of each House 
respectively. If any bill shall not be returned by the Presi- 
dent within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law in like man- 
ner as if he had signed it, unless the Congress, by their ad- 
journment, prevent its return \ in which case it shall not be 
a law. 

3. Every order, resolution, or vote, to which the concur- 
rence of the Senate and House of Representatives may be 
necessary (except on a question of adjournment), shall be 
presented to the President of the United States, and, before 
the same shall take effect, shall be approved by him, or, 
being disapproved by him, shall be re-passed by two-thirds 
of the Senate and House of Representatives, according to the 
rules and limitations prescribed in the case of a bill. 



SECTION 8. 

The Congress shall have power, — 

1. To lay and collect taxes, duties, imposts, and excises, to 
pay the debts, and provide for the common defense and gen- 
eral welfare, of the United States ; but all duties, imposts, 
and excises shall be uniform throughout the United States ; 

2. To borrow money on the credit of the United 
States ; 

GS O 3. To regulate commerce with foreign nations, and among 

^ ^ til ft SP.vpra.l S+.a+PS f\v\(\ wi+li +V>p Tnrlian f.rn'hoa • 



25 



26 



27 



29 



the several States, and with the Indian tribes ; 

4. To establish an uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout the 
United States : 



u 



30 CIVIL GOVERNMENT. 

9 f) 5. To coin money, regulate the value thereof and of foreign 

^ U coin, and fix the standard of weights and measures ; 

91 6. To provide for the punishment of counterfeiting the 

^ -L securities and current coin of the United States ; 

££ 7. To establish post offices and post-roads ; 

99 8. To promote the progress of science and useful arts, by 
Ut) securing for limited times, to authors and inventors, the ex- 
clusive right to their respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court ; 

9 /T 1 0. To define and punish piracies and felonies committed 
^^ on the high seas, and offenses against the law of nations ; 

9 ft 11. To declare war, grant letters of marque and reprisal, 
^ U and make rules concerning captures on land and water ; 

9 ij 12. To raise and support armies ; but no appropriation of 
^ ' money to that use shall be for a longer term than two years. 

11 X 13. To provide and maintain a navy ; 

3Q 14. To make rules for the government and regulation of 
& the land and naval forces ; 

15. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel inva- 
sions ; 

16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be em- 
ployed in the service of the United States, reserving to the 
States respectively the appointment of the officers, and the 
authority of training the militia according to the discipline 
prescribed by Congress ; 

17. To exercise exclusive legislation in all cases whatso- 
ever over such district (not exceeding ten miles square) as 
may, by cession of particular States and the acceptance of 
Congress, become the seat of the Government of the United 
States ; and to exercise like authority over all places pur- 
chased, by the consent of the Legislature of the State in 
which the same shall be, for the erection of forts, magazines, 
arsenals, dock-yards, and other needful buildings. And, — 

18. To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all 



40 

a 



i-2 



43 



CONSTITUTION OF THE UNITED STATES. 31 

other powers vested by this Constitution in the Government 
of the United States, or in any department or officer thereof. 

SECTION 9. 

1. The migration or importation of such persons as any of 
the States now existing shall think proper to admit shall not 
be prohibited by the Congress prior to the year one thousand 
eight hundred and eight ; but a tax or duty may be imposed 
on such importation, not exceeding ten dollars for each per- 
son. 

2. The privilege of the writ of habeas corpus shall not be 
suspended, unless when, in cases of rebellion or invasion, the 
public safety may require it. 

Ay\ 3. No bill of attainder, or ex-post-facto law, shall be passed. 

4. No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed 
to be taken. 

5. No tax or duty shall be laid on articles exported from 
any State. 

4Q 6. No preference shall be given by any regulation of com- 
& merce or revenue to the ports of one State over those of an- 
other ; nor shall vessels bound to or from one State be obliged 
to enter, clear, or pay duties, in another. 

rn 7. No money shall be drawn from the treasury but in con- 
^ ^ sequence of appropriations made by law ; and a regular state- 
ment and account of the receipts and expenditures of all 
public money shall be published from time to time. 

/T1 8. No title of nobility shall be granted by the United 

*J J- States ; and no person holding any office of profit or trust 

under them shall, without the consent of the Congress, accept 

of any present, emolument, office, or title, of any kind what 

ever, from any king, prince, or foreign state. 



44 



45 



47 

48 



52 



SECTION lO. 

1. No State shall enter into any treaty, alliance, or confed- 
eration ; grant letters of marque and reprisal ; coin money ; 
emit bills of credit ; make any thing but gold and silver coin 
a tender in payment of debts ; pass any bill of attainder, ex- 



32 CIVIL GOVERNMENT. 



53 



54 



post-facto law, or law impairing the obligation of contracts ; 
or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay 
any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing its inspection laws ; 
and the net produce of all duties and imposts laid by any 
State on imports or exports shall be for the use of the treas- 
ury of the United States, and all such laws shall be subject 
to the revision and control of the Congress. 

3. No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships-of-war in time of peace, 
enter into any agreement or compact with another State or 
with a foreign power, or engage in war, unless actually 
invaded, or in such imminent danger as will not admit of 
delay. 

ARTICLE II. 

SECTION 1. 

1. The executive power shall be vested in a President of 
the United States of America. He shall hold his office 
during the term of four years, and, together with the Vice- 
President chosen for the same term, be elected as follows : — 

2. Each State shall appoint, in such manner as the Legis- 
lature thereof may direct, a number of Electors, equal to the 
whole number of Senators and Representatives to which the 
State may be entitled in the Congress ; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an Elector. 

(The following paragraph, 57, is the twelfth Article of 
Amendments, and supersedes the clause originally inserted 
here. See Townsend's Analysis of Civil Government 

3. The Electors shall meet in their respective States, and 
vote by ballot for President and Vice-President, one of whom, 
at least, shall not be an inhabitant of the same State with 
themselves: they shall name in their ballots the person 
voted for as President, and in distinct ballots the person voted 
for as Vice-President ; and they shall make distinct lists of 
all persons voted for as President, and of all persons voted 
for as Vice-President, and of the number of votes for each ; 



55 
56 



57 



58 
59 

60 



CONSTITUTION OF THE UNITED STATES. 33 

which lists they shall sign and certify, and transmit, sealed, 
to the seat of the government of the United States, directed 
to the President of the Senate. The President of the Senate 
shall, in presence of the Senate and House of Representa- 
tives, open all the certificates, and the votes shall then be 
counted : the person having the greatest number of votes for 
President shall be the President, if such number be a major- 
ity of the whole number of Electors appointed ; and if nc 
person have such majority, then, from the persons having 
the highest numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But. in choos- 
ing the President, the votes shall be taken by States, the 
representation from each State having one vote : a quorum 
for this purpose shall consist of a member or members from 
two-thirds of the States, and a majority of all the States shall 
be necessary to a choice. And if the House of Representa- 
tives shall not choose a President, whenever the right of 
choice shall devolve upon them, before the fourth day of 
March next following, then the Vice-President shall act as 
President, as in the case of the death, or other constitutional 
disability, of the President. The person having the greatest 
number of votes as Vice-President shall be the Vice-Presi- 
dent, if such number be a majority of the whole number of 
Electors appointed ; and if no person have a majority, then, 
from the two highest numbers on the list, the Senate shall 
choose the Vice-President : a quorum for the purpose shall 
consist of two-thirds of the whole number of Senators ; 
and a majority of the whole number shall be necessary to a 
choice. But no person constitutionally ineligible to the office 
of President shall be eligible to that of Vice-President of the 
United States. 

4. The Congress may determine the time of choosing the 
Electors, and the day on which they shall give their votes ; 
which day shall be the same throughout the United States. 

5. No person, except a natural-born citizen, or a citizen of 
the United States at the time of the adoption of this Consti- 
tution, shall be eligible to the office of President ; neither 
shall any person be eligible to that office who shall not have 
attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. 

6. In case of the removal of the President from office, or 
of his death, resignation, or inability to discharge the powers 



34 CIVIL GOVERNMENT. 



and duties of the said office, the same shall devolve on th*> 
Vice-President; and the Congress may by law provide for 
the case of removal, death, resignation, or inability, both of 
the President and Vice-President, declaring what officer 
shall then act as President, and such officer shall act accord- 
ingly until the disability be removed, or a President shall be 
elected. 

7. The President shall, at stated times, receive for his ser- 
vices a compensation, which shall neither be increased noi 
diminished during the period for which he shall have been 
elected ; and he shall not receive within that period any 
other emolument from the United States, or any of them. 

8. Before he enter on the execution of his office, he shall 
take the following oath or affirmation : — 

" I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States ; and 
will, to the best of my ability, preserve, protect, and defend 
the Constitution of the United States," 



61 



62 



SECTION 2. 

/?0 1. The President shall be commander-in-chief of the army 
"^ and navy of the United States, and of the militia of the sev- 
eral States when called into the actual service of the United 
States : he may require the opinion, in writing, of the prin- 
cipal officer in each of the executive departments, upon any 
subject relating to the duties of their respective offices ; and 
he shall have power to grant reprieves and pardons for 
offenses against the United States, except in cases of im- 
peachment. 

2. He shall have power, by and with the advice and con- 
sent of the Senate, to make treaties, provided two-thirds of 
the Senators present concur ; and he shall nominate, and by 
and with the advice and consent of the Senate shall appoint, 
ambassadors, other public ministers, and consuls, judges of 
the Supreme Court., and all other officers of the United States 
whose appointments are not herein otherwise provided for 
and which shall be established by law : but the Congress 
may_ by law vest the appointment of such inferior officers as 
they think proper in the President alone, in the courts of 
law, or in the heads of departments. 

ft £ 3. The President shall have power to fill up all vacancies 
"£/ that may happen during the recess of the Senate by granting 



64 



66 



67 



68 



69 



CONSTITUTION OF THE UNITED STATES. 35 

commissions, which shall expire at the end of their next 
session. 

SECTION 3. 

He shall, from time to time, give to the Congress informa- 
tion of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and ex- 
pedient ; he may, on extraordinary occasions, convene both 
Houses, or either of them, and, in case of disagreement be- 
tween them with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper ; he shall 
receive ambassadors and other public ministers ; he shall take 
care that the laws be faithfully executed, and shall commis- 
sion all the officers of the United States. 

SECTION 4. 

The President, Vice-President, and all civil officers of the 
United States, shall be removed from office on impeachment 
for and conviction of treason, bribery, or other high crimes 
and misdemeanors. 

ARTICLE III. 

SECTION 1. 

The judicial power of the United States shall be vested *n 
one Supreme Court, and in such inferior courts, as the Con- 
gress may, from time to time, ordain and establish. The 
judges, both of the supreme and inferior courts, shall hold 
their offices during good behavior ; and shall, at stated times, 
receive for their services a compensation, which shall not be 
diminished during their continuance in office. 

SECTION 2. 

1. The judicial power shall extend to all cases in law and 
equity arising under this Constitution, the laws of the United 
States, and treaties made or which shall be made under their 
authority ; to all cases affecting ambassadors, other public 
ministers, and consuls ; to all cases of admiralty and mari- 
time jurisdiction ; to controversies to which the United States 
shall be a party ; to controversies between two or more 
States ; between a State and citizens of another State, between 
citizens of different States, between citizens of the same 



70 



36 CIVIL GOVERNMENT. 



State claiming lands under grants of different States, and 
between a State, or the citizens thereof, and foreign states, 
citizens, or subjects. 

2. In all cases affecting ambassadors, other public minis- 
ters, and consuls, and those in which a State shall be party, 
the Supreme Court shall have original jurisdiction. Id all 
the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with 
such exceptions and under such regulations as the Congress 
shall make. 

3. The trial of all crimes, except in cases of impeachment; 
shall be by jury; and such trial shall be held in the State 
where the said crimes shall have been committed : but, when 
not committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 



71 



72 



73 



74 



75 
76 



SECTION 3. 

1. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted 
of treason, unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punish- 
ment of treason ; but no attainder of treason shall work cor- 
ruption of blood, or forfeiture, except during the life of the 
person attainted. 

ARTICLE IV 

SECTION 1. 

Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other 
State. And the Congress may, by general laws, prescribe 
the manner in which such acts, records, and proceedings 
shall be proved, and the effect thereof. 

SECTION 2. 

1. The citizens of each State shall be entitled to all priv* 
ileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or 
other crime, who shall flee from justice and be found in 



77 



78 



79 



80 



81 



. CONSTITUTION OF THE UNITED STATES. 37 

another State, shall, ou demand of the executive authority of 
the State from which he fled, be delivered up, to be removed 
to the State having jurisdiction of the crime. 

3. No person held to service or labor in one State under 
the laws thereof, escaping into another, shall, in consequence 
of any law or regulation therein, be discharged from such 
service or labor, but shall be delivered up on claim -of the 
party to whom such service or labor may be due. 

SECTION 3. 

1. New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within 
the j urisdiction of any other State, nor any State be formed 
by the junction of two or more States, or parts of States, 
without the consent of the legislatures of the States con- 
cerned, as well as of the Congress. 

2. The Congress shall have power to dispose of and make 
all needful rules and regulations respecting the territory, or 
other property, belonging to the United States ; and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States or of any particular State. 

SECTION 4. 

The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect 
each of them against invasion, and, on application of the 
legislature or of the executive (when the legislature can not 
be convened), against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall 
deem it necessary, shall propose amendments to this Consti- 
tution, or, on the application of the legislatures of two-thirds 
of the several States, shall call a convention for proposing 
amendments, which, in either case, shall be valid to all intents 
and purposes as part of this Constitution, when ratified by the 
legislatures of three-fourths of the several States, or by con- 
ventions in three-fourths thereof, as the one or the other 
mode of ratification may be proposed by the Congress : pro- 
vided that no amendment which may be made" prior to the 



38 CIVIL GOVEENMENT. 

year one thousand eight hundred and eight shall in any man- 
ner affect the first and fourth clauses in the ninth section of 
the first article ; and that no State, without its consent, shall 
be deprived of its equal suffrage in the Senate. 



12 



83 



84 



85 



ARTICLE VI. 

1. All debts contracted, and engagements entered into 
before the adoption of this Constitution, shall be as valid 
against the United States, under this Constitution, as undei 
the Confederation. 

2. This Constitution, and the laws of the United States 
which. shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land ; and the 
judges in every State shall be bound thereby, any thing in 
the Constitution or laws of any State to the contrary notwith- 
standing. 

3. The Senators and Representatives before mentioned, and 
the members of the several State legislatures, and all execu- 
tive and judicial officers both of the United States and of the 
several States, shall be bound by oath or affirmation to sup- 
port this Constitution ; but no religious test shall ever be 
required as a qualification to any office or public trust undef 
the United States. 

ARTICLE VII. 

The ratification of the Conventions of nine States shall be 
sufficient for the establishment of this Constitution between 
the States so ratifying the same. 



CONSTITUTION OF THE UNITED STATES. 39 



AMENDMENTS TO THE CONSTITUTION. 

The following are the Articles of Amendments, which 
have been ratified and adopted since the year 1790, and 
are to all intents and purposes a part of the Constitution 
Df the United States. 



86 



87 



88 



ARTICLE I. 

Congress shall make no law respecting an establishment, 
of religion, or prohibiting the free exercise thereof; or 
abridging the freedom of speech or of the press ; or the 
right of the people peaceably to assemble, and to petition the 
government for a redress of grievances. 

ARTICLE II. 

A well-regulated militia being necessary to the security of 
a free State, the right of the people to keep and bear arms 
shall not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner ; nor in time of war 
but in a manner to be prescribed by law. 

ARTICLE IV. 



8Q The right of the people to be secure in their persons, 
& houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated ; and no warrants sliall 
issue but upon probable cause, supported by oath or affirma- 
tion, and particularly describing the place to be searched, 
and the persons or things to be seized. 



ARTICLE V. 

Q A No person shall be held to answer for a capital or other- 

*J " wise infamous crime, unless on a presentment or indictment 

of a grand jury, except in cases arising in the land or naval 



40 CIVIL GOVERNMENT. 

forces, or in the militia, when in actual service, in time of 
war or public danger ; nor shall any person be subject, for 
the same offense, to be twice put in jeopardy of life or limb ; 
nor shall be compelled, in any criminal case, to be a witness 
against himself ; nor be deprived of life, liberty, or property, 
without due process of law ; nor shall private property bf 
taken for public use, without just compensation. 



91 



92 



ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial by an impartial jury of the 
State and district wherein the crime shall have been com- 
mittedj which district shall have been previously ascertained 
by law ; and to be informed of the nature and cause of the 
accusation ; to be confronted with the witnesses against 
him ; to have compulsory process for obtaining witnesses in 
his favor ; ' and to have the assistance of counsel for his de- 
fense. 

ARTICLE VII. 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall 
be preserved ; and no fact, tried by a jury, shall be other- 
wise re-examined in any court of the United States than ac- 
cording to the rules of the common law. 



93 , 



ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unsual punishments inflicted. 

ARTICLE IX. 



94 



95 



The enumeration in the Constitution of certain rights shall 
not be construed to deny or disparage others retained by the 
people. 

. ARTICLE X. 

The powers not delegated to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to 
the States respectively, or to the people. 



96 



CONSTITUTION OF THE UNITED STATES. 41 



ARTICLE XI. 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity commenced 01 
prosecuted against one of the United States by citizens oi 
another State, or by citizens or subjects of any foreign State. 

(As the subject-matter of the twelfth Article of Amend- 
ments refers entirely to the election of the President and 
Vice-President of the United States, it is inserted in 
Article IT of the Constitution, constituting paragraph 57, 
and is omitted here.) 



97 



98 



99 



ARTICLE XIII. 

1. Neither slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party shall have been 
duly convicted, shall exist within the United States, or any 
place subject to their jurisdiction. 

2. Congress shall have power to enforce this article by 
appropriate legislation. 

ARTICLE XIV. 

1. All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the 
United States, and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United 
States ; nor shall any State deprive any person of life, lib- 
erty, or property, without due process of law, nor deny to 
any person within its jurisdiction the equal protection of 
the laws. 

2. Representatives shall be apportioned among the sev 
eral States according to their respective numbers, count- 
ing the whole number of persons in each State, excluding 
Indians not taxed. But when the right to vote at any elec- 
tion for the choice of Electors for President and Vice- 
President of the United States, Representatives in Congress, 
the executive and judicial officers of a State, or the mem- 
bers of the legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of age 



100 



42 CIVIL GOVERNMENT. 

and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis 
of representation therein shall be reduced in the proportion 
which the number of such male citizens shall bear to the 
whole number of male citizens twenty-one years of age in 
such state. 

3. No person shall be a Senator or Representative in Con- 
gress, or Elector of President and Vice-President, or hold 
any office, civil or military, under the United States or under 
any State, who, having previously taken an oath as a mem- 
ber of Congress, or as an officer of the United States, or as 
a member of any State legislature, or as an executive or 
judicial officer of any State, to support the Constitution of 
the 'United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a vote of two- 
thirds of each House, remove such disability. 

4. The validity of the public debt of the United States 
authorized by law, including debts incurred for payment of 
pensions and bounties for services in suppressing insurrec- 
tion and rebellion, shall not be questioned. 

But neither the United States nor any State shall assume 
or pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for the 
loss or emancipation of any slave; but all such debts, 
obligations, and ciaims, shall be held illegal and void. 

5. The Congress shall have power to enforce by appro- 
priate legislation the provisions of this article. 



101 



102 



ARTICLE XV. 

The right of citizens of the United States to vote shall 
not be denied or abridged by the United States or by any 
State, on account of race, color, or previous condition of 
servitude. 

2. The Congress shall have power to enforce this article 
by appropriate legislation. 



CONSTITUTION OF THE UNITED STATES. 43 



CHRONOLOGY OF THE AMENDMENTS 
TO THE CONSTITUTION. 

The first ten Articles of Amendments were proposed 
by Congress in 1789, at their first session ; and, having 
received the ratification of the legislatures of three- fourths 
of the several States, they became a part of the Constitu- 
tion December 15, 1791. 

The eleventh Article was proposed by Congress in 1794. 
President Adams declared in his message, Jan. 8, 1798, 
that it had received the ratification of the constitutional 
number of States, and was therefore a part of the funda- 
mental law of the land. 

The twelfth Article of Amendments was proposed by 
Congress at their session in 1803, and received tha ratifi- 
cation of the requisite number of States during the follow- 
ing year, and became part of the Constitution of the 
United States. 

The thirteenth Article of Amendments was proposed at 
the second session of the thirty-eighth Congress, passing 
the Senate in 1864, and the House in 1865. William H. 
Seward, then Secretary of State, officially announced to 
the country, Dec. 18, 1865, that it had been ratified by 
three-fourths of the States, and was therefore a part of 
the supreme law of the land. 

The fourteenth Article of Amendments was proposed 
by Congress in 1866. William H. Seward, then Secretary 
of State, announced July 28, 1868, that it had been rat- 
ified by the legislatures of the requisite number of States, 
and had, therefore, become a part of the Constitution of 
the United States. 

The fifteenth Article of Amendments was proposed by 
Congress in 1869. Hamilton Fish, then Secretary of 
State, announced March 30, 1870, that it had been ratified 
by the requisite number of States, and was, therefore, a 
part of the Constitution of the United States. 



44 CIVIL GOVERNMENT, 



QUESTIONS. 

1. In the Preamble, how many reasons are given for the establish 

ment of the Constitution ? 

2. In what order are they given ? 

3. Into how many Articles is the original Constitution divided ? 

4. How many sections in the first Article ? 

5. In the first section, how many clauses? 

6. How many in section 2 ? 

7. How many in each of the other sections of this Article, respe<i 

ively ? 

8. How many sections in Article II ? 

9. How many clauses in Section 1 of this Article ? 

10. How many clauses in Section 2 of Article H ? 

11. How many in each of sections 3 and 4 ? 

12. How many sections in Article III? 

13. How many clauses in section 1 ? 

14. How many in section 2 ? 

15. How many in section 3? 

16. How many sections in Article IY? 

17. How many clauses in section 1 ? 

18. How many in each of the others respectively? 

19. How many sections and clauses in Article V ? 

20. How many clauses in Article VI ? 

21. How many clauses in Article VII? 

22. How many Amendments to the Consfttution have been adopted? 

23. When were the first ten Articles declared to be a part of the 

Constitution ? 

24. When was the eleventh ? 

25. When, the twelfth ? 

26. When, the thirteenth? 

27. When, the fourteenth? 

28. When, the fifteenth? 

29. Into how many paragraphs are the Constitution and Amend- 

ments divided? 



BLACKBOARD EXERCISE- 



BRANCHES. 
I. Legislative — Law-making. 

II. Executive— Law-enforcing. 

111. Judicial — Law-interpreting. 



OHAPTEE VI. 



LESSON 6. 

BRANCHES OF GOVERNMENT. 

n^HE constitution of any country, whether written or 
traditional, is the fundamental law of that country ; 
that is, tfie highest law by which the country professes 
to be governed. If any law is made in violation of that 
fundamental law it is of no force whatever, and is, to all 
intents and purposes, null and void. The history of dif- 
ferent countries shows that legislatures have sometimes 
attempted to pass such laws, but they have been set aside 
and declared inoperative by the law-interpreting branch 
of the government. 

All free government is administered through three dis- 
tinctive and separate branches. These are : — 1. The legis- 
lative, or law-making power ; 2. The executive, or law- 
enforcing power ; 3. The judicial, or law-interpreting 
power. In the United States the first is vested in a Con- 
gress, which consists of a Senate and House of Represen- 
tatives ; the second, in a President of the United States ; 
and the third, in the Federal Courts of Law. 

No free government can exist on earth in which the 
administration of its powers and functions is not distrib 
uted. If a single individual may assume to make the 
laws, to execute and interpret the same, he becomes a 
despot, and his government a despotism. Such a concen- 



BRANCHES OF GOVERNMENT. 47 

tration of authority in one man is utterly inconsistent 
with the liberty of his people. 

If this combination of power be centered in any numbei 
of persons, the character of the government will be the 
same. One or more persons might safely be trusted with 
any one of these high prerogatives ; but the danger con 
sists in the concentration of all in the same hands. 

Ail writers on free government agree that the legis 
lative, the executive, and the judicial powers should bs 
kept as separate and distinct as possible. It is hardly 
possible, however, for human wisdom to devise a plan by 
which they can be kept entirely separate in the adminis- 
tration of government. 

This has been attempted by the wisest and best of 
minds, but has failed. Not one of all the American 
States has succeeded ; though, in some instances, they 
may have done all that finite wisdom couid accomplish. 
But in all cases, without a single exception, there has been 
a partial mixture of these powers. 

In several of the States, for instance, the executive i/» 
elected by the legislature if no one receives a majority- 
vote by the people. In South Carolina, until recently, hr> 
was elected by the legislature without any attempt at an 
election by the people. 

In nearly all of the States the judicial officers are im- 
peachable by one or both branches of the legislature. I* 
some of the States the officers of the judiciary are ap- 
pointed by the governor and the legislature, or one branch 
hi that body. 

In some, the governor may veto any act passed by the 
legislature ; after which, in order that the act so vetoed 
may become a law, it must be repassed by a vote of two* 
thirds of both houses. 

In some States the judicial officers are elected by the 
people, but removable on the address of one or both 



t8 CIVIL GOVERNMENT. 

branches of the legislature. In others they are removable 
by one or both branches, on the address of the executive. 
- In still others the judicial officers are appointed by one or 
both branches of the legislature, and removable by one 
l^nch on impeachment by the other. 



QUESTIONS. 

1. What is meant by the constitution of a country? 

2. Of what force is a law that is contrary to the constitution ? 

3. What have legislatures sometimes done ? 

4. By whom are such laws declared inoperative ? 

5. Through how many, and what branches are free governments 

administered ? 

6. In whom are these branches respectively vested in the United 

States? 

7. What is the distribution of governmental powers ? 

8. What is said of a despot and despotism ? 

9. In what do all writers on free government agree ? 

10. What difficulty is here mentioned ? 

11. What is said of the separation of these powers in the American 

States ? 

12. How are judicial officers impeachable in most of the States ? 

13. How are the officers of the judiciary appointed in some of the 

States ? 

14. How are the judicial officers elected, and how removable in 

some of the States ? 



LESSON 7. 

BRANCHES OF GOVERNMENT- Continued 

In fact, there is no such thing as a complete and abso- 
lute separation of the three departments from each other. 
And all that is intended, in speaking of the three branches 
being kept separate and distinct, is that the powers and 



BLANCHES OF GOVERNMENT. 49 

duties properly belonging to any one branch or department 
fehall not be interfered with or administered by either of 
the others ; that neither shall possess a controlling influ- 
ence over the others in the performance of their respective 
duties. 

In order that there may be official independence, it is 
necessary "that the legislative, executive, and judiciary 
powers shall be kept as separate from, and independent 
of, each other, as the nature of a free government will 
admit, or as is consistent with that chain of connection 
that binds the whole fabric of the Constitution in one in- 
dissoluble bond of unity and amity. 

The Constitution of the United States aims to separate 
the three departments as widely as possible, and to ren- 
der them as independent, the one of the others, as the 
complicated nature of the subject will permit. The gov- 
ernment of the United States is a representative govern- 
ment ; and there is far less danger to liberty arising from 
the partial mixture of these powers in this country, than 
in a government of less direct responsibility to the people. 

These three branches of the American government are 
located and exercised in the City of Washington, the cap- 
ital of the nation. The President resides there during the 
term for which he is elected. He lives in a mansion 
known as the White House, built and kept constantly fur- 
nished at the expense of the nation. In this mansion he 
exercises the duties of his office during the period of his 
administration. 

In another part of the city is an immense building cov- 
ering several acres of ground, called the Capitol of the 
nation, erected at a cost of some twelve millions of dol- 
lars. In this magnificent edifice are numerous rooms and 
offices for the convenience of the government. But by 
far the largest is that which is known as the House of 
Representatives. The assembly of men who occupy this 



50 CIVIL GOVERNMENT. 

hall during the session of Congress are called Representa- 
tives. They are elected by the people of their respective 
congressional districts in the several States, and are sent 
here to assist in making the laws of the nation. No bill 
can become a law until it has received the approval of a 
majority of this body of men. By the theory of our gov- 
ernment all the people of the several States are present in 
this assembly in the person of their respective representa- 
tives. When all the Representatives are present the num- 
ber is more than three hundred ; and these constitute one 
division or portion of the law-making power. 

In another part of this immense edifice is a much 
smaller room, known as the Senate Chamber. This is 
occupied by the Senators. Of these there are two from 
each State, whether the State be large or small, and, 
therefore, when the Senate Chamber is full there are 
seventy-six members, as we have at the present time 
thirty-eight States in the Union. 

The Senators are not elected by direct vote of the peo- 
ple, but are chosen by the State legislatures for the term 
of six years. No bill can become a law unless approved 
by a majority of the votes of this body as well as the 
House of Representatives. Thus each House is so far a 
check upon the other against hasty legislation, as to insure 
full and careful deliberation in the passage of the laws. 

In still another part of the Capitol is the Supreme Court 
Room. In this room the Judges of the Supreme Court 
hold one term a year for the correct interpretation and 
application of the laws of the land. If any unconstitu- 
tional law is passed by Congress, and sanctioned by the 
President, this body has the power to declare that law 
utterly void ; after which it is a dead letter in the statute 
book. Thus each branch of the government exercises a 
salutary restraint on the others, effectually securing the 
safety of human rights. 



BRANCHES OF GOVERNMENT. 51 



QUESTIONS. 

15. What is intended by a complete separation of these branches 01 

powers ? 

16. What is necessary to official independence ? 

17. With respect to this, what is the aim of the Constitution of the 

United States ? 

18. What kind of a government is that of the United States ? 

19. Where are the branches of our government located and exer- 

cised ? 

20. What is the name of the house in which the President resides 1 

21. What do we find in another part of the city ? 

22. Which is the largest room of the Capitol ? 

23. By whom is this room occupied ? 

24. By whom are they elected, and for what purpose ? 

25. What is the theory of our government with respect to these 

persons ? 

26. Where is the Senate Chamber ? 

27. How many Senators are there from each State ? 

28. How many in all ? 

29. By whom are these Senators elected ? 

30. How is nasty legislation prevented ? 

31. What other room in the Capitol is mentioned ? 

82. By whom, and for what purpose, is this room occupied ? 



CHAPTEE VII. 



LESSON a 



PREAMBLE TO THE CONSTITUTION OF THE 
UNITED STATES OF AMERICA. 

TT7~E, the people of the United States, 

1. In order to form a more perfect Union j 

2. Establish justice ; 

3. Insure domestic tranquillity ; 

4. Provide for the common defense ; 

5. Promote the general welfare ; and 

6. Secure the blessings of liberty to ourselves and our 
posterity, do ordain and establish this Constitution for 
the United States of America. 

The Preamble is no part of the Constitution, but is a 
key to that document. The Preamble sets forth the pur- 
poses and objects for which the Constitution was formed, 
and to secure which it was offered to the people for their 
ratification and adoption. 

As stated elsewhere the union of the States had been 
very imperfectly formed, and even more imperfectly sus- 
tained. It was entirely deficient in every particular men- 
tioned in the Preamble. 

The following were the more prominent defects of the 
Union as it existed at the time this Constitution was 
formed, as given by an eminent jurist of a later day : 

1st. There was an utter want of all coercive authority 



PREAMBLE TO THE CONSTITUTION. 53 

in the Continental Congress to carry into effect any of 
their constitutional measures. 

2d. There was no power in the Continental Congress to 
punish individuals for any breach of their enactments. 

3d. They had no power to lay taxes, or to collect rev- 
enue for the public service. The power over taxes was 
expressly and exclusively reserved to the States. 

4th. They had no power to regulate commerce, either 
with foreign nations, or among the several states. It was 
left, with respect to both, exclusively to the management 
of each particular State. 

5th. As might be expected, the most opposite regula- 
tions existed in different States ; and there was a constant 
resort to retaliatory legislation from their jealousies and 
rivalries in commerce, in agriculture, or in manufactures. 
Foreign nations did not fail to avail themselves of all the 
advantages accruing from this suicidal policy, tending to 
the common ruin. 

6th. "For want of some singleness of power— a power 
to act with uniformity, and one to which all interests 
could be reconciled — foreign commerce was sadly crippled, 
and nearly destroyed." 

7th. The country was deeply in debt, without a dollar 
to pay, or the means even to draw a dollar into the public 
treasury ; and what money there was in the country was 
rapidly making its way abroad. 

8th. Great as these embarrassments were, the States, 
full of jealousy, were tenaciously opposed to making the 
necessary concessions to remedy the great and growing 
evil. All became impressed with the fear that, unless a 
much stronger national government could be instituted, 
all that had been gained by the Revolutionary struggle 
would soon be lost. 

To these defects may be added the following also : — 

1st. The Congress consisted of but one House ; and the 



54 CIVIL GOVERNMENT. 

States, large and small, had equal power in that body, 
When a bill had passed that House, it was the law of th< 
land. 

2d. There was no executive officer to enforce the laws v 
or whose sanction was required in making the laws. 

3d. There was no national judicial tribunal to giv* 
construction and interpretation to the laws. 

4th. Congress had no power to enforce obedience tc 
treaties ; although they could make them, and recommend 
their observance. 

5th. They could borrow money pledging the faith of 
the Union, but had no positive means of raising a single 
dollar. 

6th. They could declare war, but could not coerce into 
the field a single soldier. 



QU EST I O N S. 

1. What is the Preamble to the Constitution ? 

2. What does the Preamble set forth ? 

3. What is said of the formation of the Union ! 

4. What were the more prominent defects of the Union at the time 

of the formation of the Constitution as given by an eminent 
jurist ? 

5. What other defects are mentioned ? 



LESSON 9. 

PREAMBLE— Continued. 

The first object expressed in the Preamble is, to form 
a more perfect Union ; that is, a more perfect Union than 
had existed under the Confederation. The government 
under the former system had been found wholly defective. 



PREAMBLE TO THE CONSTITUTION. 55 

The Union was so imperfect as to be almost unworthy of 
the name. 

As already stated, under the Confederation there was 
no national judiciary, or system of national courts. The 
only means of legal redress was through the State courts ; 
and the decisions of the courts of one State were often in 
direct conflict with the decisions of courts of neighboring 
States. The necessity of a court of higher authority, 
whose decisions should command the respect of the nation 
at large, was everywhere felt and acknowledged. The 
State legislatures were often led to pass laws favoring 
their own immediate and respective localities, and their 
State courts were too ready to give them their sanction. 

The third object, as explained in the Preamble, was to 
insure domestic tranquillity. This means peace among the 
States. For several years some of the States had been 
involved in controversies with each other ; and in a few 
instances these domestic dissensions led to bloodshed, and 
threatened the most alarming consequences. Troops were 
called out by one State to meet the hostile forces of an- 
other in battle array ; and even the General Government 
seemed too weak for the emergency. Disputes of this 
character, by the Articles of Confederation, were to be 
left to Congress ; but this body was not always in ses- 
sion ; and when it was it did not possess the requisite 
power, and was slow to exercise what it had. 

The want of some common tribunal that could act with 
promptness and commanding authority, was everywhere 
admitted. A liberty that was not clothed with authority 
to command peace at home, was clearly more of a curse 
t^an a blessing. One of the purposes, therefore, of the 
Constitution, was the creation of ample power to insure 
domestic tranquillity. 

The common defense was not properly provided for 
under the Confederation. A people not prepared for war, 



56 



CIVIL GOVERNMENT. 



and known not to be, will constantly be liable to aggres- 
sions from neighboring nations. On the contrary, a na- 
tion known to be prepared, will be quite unlikely to be 
attacked. A weak nation is never formidable, and will 
never command the respect of its neighbors. 

Congress, under the Confederation, as we have seen, 
could recommend but could not enforce measures for the 
common defense. They could not even declare war, not 
exercise any of the war-powers, without the concurrence 
of nine of the thirteen States ; nor, even when they had 
declared war under these restrictions, should they do so, 
could they force into service a single soldier. Sound 
statesmanship demanded, therefore, that something should 
be done to provide more effectually for the common de- 
fense. By reference to the war-power in the Constitu- 
tion, it will be seen that this provision has been made. 

To promote the general welfare is another object speci- 
fied in the Preamble. This duty properly devolves on 
every national sovereignty. It is indeed, or should be, 
the primary purpose of # every government. The individ- 
ual States of America had not the means, nor have they 
now, to secure this desirable object. It requires larger 
resources than belong to a single State. 

From the poverty of language it would be impossible to 
specify, within any convenient limits, all the powers 
which a government like that of the United States might 
at some time find it necessary to exercise, and under some 
possible emergencies. 

And although fears may be indulged in some quarters, 
that, under a clause of such broad signification, some of 
the departments, especially the legislative, and perhaps 
the executive, may overreach and go beyond their pre- 
rogatives, yet the ballot is the remedy in the one case, 
and impeachment in the other. 

" To secure the blessings of liberty to ourselves and oui 



PREAMBLE TO THE CONSTITUTION. 57 

posterity," is the closing language of the Preamble. It is 
an appropriate climax. It briefly expresses the whole 
purpose of human government. 

" Give me liberty, or give me death ! " exclaimed the 
immortal orator of the Revolution. Without political and 
religious liberty, life itself would become valueless, and 
existence a burden ; with it, we may have all that is val- 
uable in earthly institutions. For, if a nation enjoys 
liberty, its citizens have the means of enjoying every 
other earthly blessing. 

But the patriotic authors of the Constitution were not 
content with this sacred boon for themselves merely ; 
they were earnest to perpetuate this inestimable blessing 
to the remotest posterity. 



QU ESTIONS. 

6. What is the first object expressed in the Preamble? 

7. What were the only means of legal redress ? 

8. What is said of the necessity of a higher court ? 

9. What were the State legislators often led to do ? 

10. What is the third object expressed in the Preamble ? 

11. What had been the condition of the States for several years? 

12. To whom were disputes of this character to be referred ? 

13. What is said of the ability of Congress to -settle them? 

14. What want was felt on that account ? 

15. What is the fourth object mentioned in the Preamble ? 

16. What is said of the necessity of being prepared for war ? 

17. What is said of the weakness of Congress under the Confed 

eration ? 

18. What is the fifth object mentioned in the Preamble? 

19. What should be the primary purpose of every government ? 

20. What is said of the inability of States to do this ? 

21. What is the closing language of the Preamble ? 



BLACKBOARD EXERCISE. 



LEGISLATIVE. 

I. House of Representatives. 



II. Senate. 



CHAPTER VIII. 



LESSON 10. 

CONGRESS. 

•T^HE Congress of the United States is the law-making 
branch of our government. All the law-making 
powers are vested in it, and it consists of a Senate and 
a House of Representatives. 

In saying that this is the law-making branch the state- 
ment must be taken with this qualification : that if the 
President of the United States shall officially object to 
any bill passed by the two Houses, the same must be re- 
passed by a vote of two-thirds of each branch of that 
body, or it fails to become a law. 

In the Congress are vested all, or nearly all, the powers 
and attributes of national sovereignty — such as belong to 
all independent nations. 

Among thpftA powers are : 1. To lay and collect taxes, 



CONGRESS. 59 

duties, imposts, and excises ; 2. To borrow money ; 3. 
To regulate commerce ; 4. To coin money ; 5. To consti- 
tute judicial tribunals ; 6. To declare war ; 7. Grant let- 
ters of marque and reprisal ; 8. To raise and support 
armies ; 9. To provide and maintain a navy ; 10. To pro- 
vide for the calling forth of military forces ; and 11. To 
admit new States into the Union. 

All these powers, and many more, as will be seen in 
treating of the powers of Congress hereafter, are vested 
by the Constitution in this branch of the federal govern- 
ment. They must assemble at least once every year, 
which meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

Either or both Houses, on extraordinary occasions, may 
be required to convene in extra session, on the call of the 
President of the United States. 

The House of Representatives is, in a special sense, that 
division of the legislative body which represents the people 
of the several States. The members are elected by the 
votes of the qualified voters of the several State congres- 
sional districts. As will be seen hereafter, they are a 
much more numerous body than the Senate. In many 
respects they may be compared to the House of Commons 
in England. The term of its existence, by constitutional 
limitation, can never extend beyond the period of two years. 

We have a new House of Representatives every alter* 
nate year, always commencing with the years of odd 
numbers, and Congress is numbered by the number of 
times we have had a new House of Represent atives c 
Thus we speak of the fortieth, forty-first, forty-second, 
and forty-third Congresses, and the numbers of these 
Congresses correspond to the number of times respect- 
ively that the House has been organized. 

The Senate is a perpetual body, consisting of two mem- 
bers from each State, chosen by the legislature thereof 



OU CIVIL GOVERNMENT. 

for the term of six years. The Constitution requires 
higher qualifications for membership here than in the 
other House. The reasons for this will appear hereafter 
when we reach the analysis of the Senate. 

The Senators represent the States as states in their sov- 
ereign or political capacity. On the floor of the Senate 
the States, large and small, are equal in political power 
and influence. 



QUESTIONS. 



1. What is the Congress of the United States? 

2. Of what does it consist ? 

3. What if the President of the United States objects to a bill ? 

4. What powers are vested in Congress ? 

5. Will yon state some of these powers ? 

6. How often, and when, shall Congress assemble ? 

7. What is said of an extra session of Congress ? 

8. What is the special character of the House of Representatives 1 

9. How are members elected ? 

10. To what may they be compared? 

11. How long is a Representative term? 

12. How often do we have a new House ? 

13. How are Congresses numbered ? 

14. What is the Senate ? 

lo. What do the Senators represent ? 

16. What is the relative power of the States in the Senate? 



BLACKBOARD EXERCISE 



HOUSE OF REPRESENTATIVES. 
I. How Composed. 3. 

!1. Age. 4. 
2. Citizenship. 4. 
3. Inhabitancy. 4. 

III. Number of Members. 5. 

IV. How Apportioned. 99. 

1. When made, 5. 



V. Enumeration. 

2. How made, 5. 



\ 

VI. By whom Elected. 3. 
VII. Qualifications of Electors. 3. 
VIII. When Elected. 3. 15. 

IX. How Vacancies tilled. 6. 

1 1. Concurrent. % 
f 1. Legislative, k 

( 2. Exclusive. 9& 

X. House Powers. \ 2 . Inquisitorial. 7. 

( 1. House Officers. 7. 



£ 



3. Elective. •< 

President U. S. 5fo 



CHAPTEE IX. 



LESSON 11. 

HOUSE OF REPRESENTATIVES. 

♦T^HE House of Representatives is one branch of the 
American Congress ; and it assembles at Washington 
at least once a year to take part in making laws to govern 
the nation. This body alone cannot make the laws, but 
is co-ordinate with the Senate in law-making. 

I. How Composed. 3. 

The House of Representatives is composed of members 
elected by the people of the several States. These mem- 
bers are called Representatives because they are supposed 
to represent the views and wishes of the people who elect 
them. They act, and speak, and vote as the agent of the 
people, who are called their constituency. 

The people cannot all assemble in one body or conven- 
tion to make the laws ; and, therefore, they send their 
agents or representatives to do this business for them. It 
would be impossible for millions of people to assemble in 
one convention and make the laws by which they would 
promise to be governed. 

(1. Age. 4. 
II. Eligibility. -J2. Citizenship. 4. 
( 3* Inhabitancy. 4. 

Eligibility, as here used, signifies the right to hold and 
enjoy an office or position if properly elected or appointed 



HOUSE OF REPRESENTATIVES. 63 

thereto. To be eligible to an office one must possess the 
proper legal qualifications for it. 

The conditions of eligibility to the House of Represen- 
tatives are three: 1. Age; 2. Citizenship; 3. Inhab- 
itancy. 

1. Age. — This is the first condition of eligibility to 
membership of the House of Representatives required by 
the Constitution. The Representative must have attained 
to the age of twenty-five years. 

Before the age required by the Constitution, few men 
have had sufficient experience and preparation to qualify 
them for so important a public trust. 

2. Citizenship. — Another condition of eligibility is 
that the member must have been a citizen of the United 
States at least seven years. 

The following quotation from the fourteenth Article of 
Amendment to the Constitution defines the meaning of 
the word citizen : 

" All persons born or naturalized in the United States 
and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside." 

We learn by this extract that a person may be a citizen 
of the United States, either by birth or by naturaliza- 
tion. 

Naturalization is that process by which an alien or for- 
eigner becomes a citizen of the United States. Before the 
adoption of the Constitution, this whole subject was under 
the control of the several States, some requiring a longer, 
and others a shorter period of time for its completion* 
But under the present Constitution, Congress has exclu- 
sive control of the matter ; and now, by the laws of that 
body, it requires five years. These, added to the seven 
years of citizenship required by the Constitution, make it 
necessary that a person of foreign birth shall have actually 
resided in this country at least twelve years before he cai> 



64 CIVIL GOVERNMENT. 

take a seat as a member of the House of Representatives 
if elected thereto. 

This is a period sufficiently long, perhaps, to enable a 
person of foreign birth to make himself acquainted with 
our institutions and form of government, and to demon- 
strate his attachment to our country. 

3. Inhabitancy. — The third condition of eligibility is 
that the member must be an inhabitant of that State in 
which he shall be chosen. States having more than one 
member are divided into congressional districts. A per- 
son may reside in one district and yet be elected by and 
for another district of the same State. But this is not 
usual, though it has been done in some instances. If a 
person has been elected a member in one congressional 
district, and removes to another, or even to another State, 
this removal does not deprive him, during the term for 
which he was elected, of his seat in the House. 



QUESTIONS. 

1. What is the House of Representatives ? 

2. How does this branch stand related to the Senate in law-making ? 

3. How is the House composed ? 

4. Why are the members called Representatives ? 

5. Why do the people send Representatives to the House ? 

6. What does eligibility here signify ? 

7. What are the conditions of eligibility to the House ? 

8. What does the word citizen mean ? 

9. How many ways of becoming a citizen of the United States? 

10. What is naturalization ? 

11. In whose hands was this subject before the adoption of the 

Constitution ? 

12. Under whose control is this matter now ? 

13. How long time does it require for a person of foreign birth to 

become eligible to the House ? 

14. What is the third condition of eligibility ? 

15. How are the States divided ? 



HOUSE OF REPRESENTATIVES. 65 

LESSON 12. 

HOUSE OF REPRESENT ATIVES-Continued. 

HI. Xuniber of Members. 5. 

On this subject the Constitution says, "The number of 
Representatives shall not exceed one for every thirty 
thousand ; but each State shall have at least one Repre- 
sentative." 

When the Constitution was formed in 1787, the popu- 
lation of the States was not known, with anything like 
exactness, to the Convention that framed that document. 
It was provided, however, by the Constitution, that the 
population should be ascertained within a few years by 
actual count or enumeration. 

The number of Representatives in the first Constitu- 
tional Congress was sixty-five ; this number, it was pre- 
sumed, gave one member to about thirty thousand inhab- 
itants. 

As the population of the United States should increase, 
of course the number of members in proportion to the 
inhabitants represented, must be diminished. If not, thj 
number of members in the House of Representatives 
would become too great, in the course of a few years, for 
the convenient transaction of business. Hence, once in 
ten years, Congress fixes by law, the proportion of repre- 
sentation to population. The necessity for this is mani~ 
fest. For instance, the population of the United States 
is now, 1882, over fifty millions. Were we now to have 
one Representative for every thirty thousand, the House 
would consist of sixteen hundred and sixty-six members ; 
% number far beyond that of any legislative body in the 
vorld. 

The number of members is fixed by a law of Congress, 



66 CIYIL GOVERNMENT. 

once in ten years, and their appointment is based on the 
last census. The number fixed, in accordance with the 
Tenth Census, for the period of ten years from March 4, 
1883, is 325, being 1 for each 151,911 persons. Using this 
number as a common divisor, and dividing the population 
of each of the States by it, the quotient will be its number 
of members by ratio. But in each instance by this pro- 
cess, there will be a remainder, larger or smaller. To 
those States having the larger remainders additional 
members are allowed, thus making the total of all the 
States 325. Each State is divided into Congressional dis- 
tricts by its legislature. But in case the number of repre- 
sentatives of a State is increased and the legislature fails 
to redistrict the State before an election occurs, the addi- 
tional member is elected at large on the general State 
ticket. In case the number is diminished and the State 
is not redistricted, the entire number of representatives is 
elected at large. 

Delaware and Nevada have each a population less than 
151,911. But they have each one member under the con- 
stitutional provision that " each State shall have at least 
one representative. " 

The number of members will be augmented, of course, 
when new States are admitted into the Union. 

Each organized territory is allowed one delegate, who 
may speak, but not vote, on any question. 



QUESTIONS. 

16. What does the Constitution say on this subject ? 

17. What was known about the population of the States when the 

Constitution was formed ? 

18. What was provided by the Constitution in reference to this ? 

19. How many members were in the first Constitutional Congress ? 

20. As the population of the United States should increase, what 

must be done ¥ 



HOUSE OF REPRESENTATIVES. 6? 

21. Why must this be done? 

22. By whom, and how often, is the number of members fixed ? 

23. What is the present number? — how apportioned and allotted 

among the States ? 

24. What members are called memoers at large ? 

25. How are members at large elected? 

26. What if new States are admitted into the Union? 

27. What is said of organized Territories ? 



LESSON 13. 

HOUSE OF REPRESENTATIVES-Continued 

IV. How Apportioned. 99. 

When the Constitution was adopted, slavery existed in 
every State excepting Massachusetts. As a matter of com- 
promise between the North and South, and after long and 
earnest debate in the Convention that framed that docu- 
ment, the following clause was accepted as the rule for 
determining the representative population : — 

"Representatives and direct taxes shall be apportioned 
among the several States which may be included within 
this Union, according to their respective numbers, which 
shall be determined by adding to the whole number of 
free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three-fifths of 
all other persons." 

The last clause of this period, " three-fifths of all other 
persons," refers to slaves. Three-fifths of these were to 
be counted as representative population. 

It will be observed that the Constitution nowhere men- 
tions the word slave or slavery. Whenever it is necessary 
to allude to that class of persons, a definition is adopted 
instead of the word itself. This was deliberately intended 



68 CIVIL GOVERNMENT. 

by the authors of that instrument, feeling that it would 
be a stain upon their work. The word slavery occurs in 
the thirteenth Article of Amendments, and there only for 
the purpose of abolishing that institution throughout the 
United States, and in all places subject to their jurisdic- 
tion. This Amendment was proclaimed by the Secretary 
of State December 18, 1865, to be a part of the supreme 
law of the land. From that day, therefore, slavery ceased 
to exist throughout the United States and their territories. 

By a part of the second clause of the fourteenth Article 
of Amendments, which was subsequently adopted July 
28, 1868, the count of representative population was 
essentially modified. From the time of the adoption of 
that Article, representatives are to be apportioned among 
the several States according to their respective numbers, 
counting the whole number of persons in each State 
excluding Indians not taxed. 

By a subsequent provision of the same clause, if any 
State shall disfranchise the male negro population, bein£ 
twenty-one years of age and citizens of the United States, 
and prohibit their voting at the usual elections, the basis 
of representation is to be reduced in the proportion which 
the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such 
State. 

By the fifteenth Article of Amendments, subsequently 
adopted March 30, 1870, the States are forbidden to deny 
or abridge the right of citizens of the United States to 
vote, on account of race, color, or previous condition of 
servitude. 

Thus it will be seen that the entire population, and the 
representative population, excluding Indians not taxed, 
are identical. 



HOUSE OF REPRESENTATIVES. 



QUESTIONS. 

28. How many States held slaves at the adoption of the Constitu- 

tion? 

29. How were representatives then apportioned ? 

30. To whom does " three-fifths of all other persons " refer ? 

31. Where, and for what purpose, does the word slavery occur in 

the Constitution? 

32. When was slavery abolished in this country ? 

33. How are Representatives now to be apportioned ? 

34. For what cause is the basis of representation to be reduced ? 

35. What is the substance of the fifteenth Article of Amendments ? 



LESSON 14. 
HOUSE OF REFRESENTATIVES-Continued. 

~ T t, ,. (1. When made, 5. 

V. Enumeration. \ „ „ 

( £. How made. 5. 

It will be remembered that the Constitution was formed 
in 1787. In reference to the enumeration it says the 
actual enumeration shall be made within three years after 
the first meeting of the Congress of the United States, 
and within every subsequent term of ten years, in such 
manner as they shall by law direct. 

The enumeration is what is generally known as the 
census. The primary and leading object for which the 
census is taken is to equalize representation in the House 
of Representatives in proportion to the population of the 
several States. Indeed, this is the only means by which 
equality by representation can be secured. 

1 . When made. — The Constitution requires that the 
census shall be taken once in ten years. By Act of Con- 
gress it was taken the first time in 1790 ; and it has been 
taken decennially ever since, during the first year of every 



70 CIVIL GOVERNMENT. 

regular decade. Thus 1800, 1810, 1820, etc. It has, 
therefore, already been taken ten times. 

2. How made. — The manner of taking the census is 
under the control of Congress, to be fixed from time to 
time by law. Since the organization of the Department 
of the Interior (1849), that department has had general 
supervision of the matter. The Tenth Census was by law 
placed under the immediate direction of the Superin* 
tendent of the Census, who was made the head of the 
Census Office. Supervisors had charge of limited dis- 
tricts, one or more in each State, under whose direction 
the enumerators canvassed their respective subdistricts 
during the month of June, 1880. 

The duties of these enumerators consisted in visiting 
personally every dwelling-house and family within the 
limits of their respective jurisdictions, and propounding 
to some member of the family, of suitable age and 
intelligence, such questions as are required by Act of 
Congress. 

These questions relate not only to the number of inhab 
itants, but their ages, sex, color, ability to read and write, 
facts relating to agriculture, manufactures, commerce, 
resources of the country, its productions, and, in fact, 
every thing that may be necessary to give a general view 
of the condition of the United States. 

Nor is it left to the discretion of persons questioned 
whether they will answer these interrogatories. They are 
compelled to answer under a penalty of thirty dollars for 
each refusal, and the person so refusing can be imprisoned 
until the penalty is paid ; and a new refusal can be fol 
lowed by a new penalty and imprisonment. 

VI. By whom Elected. 3. 

Representatives are elected by the people of the several 
States. This is required by the express language of the 



HOUSE OF REPRESE1STATIVES. 71 

Constitution. The word people, however, does not in- 
clude all persons, men, women, and children, but includes 
those persons only who are qualified voters. 

This provision of the Constitution met with very strong 
opposition in the convention that framed that document. 
Some of the ablest men of that body contended that it 
was unsafe to allow the people to elect, by direct vote, 
their own representatives to Congress. This class of 
members earnestly contended that it would be an excess 
of democracy most dangerous in the hands of the people ; 
that they were not qualified to exercise this prerogative. 
By the members holding this view it was proposed that 
these elections should be referred to the several State 
legislatures. But at length the provision passed by a 
very close vote. Had the proposition prevailed, to elect 
Representatives by State legislatures, it is highly prob- 
able that the Constitution would have been rejected by 
the people. 



QUESTIONS. 

36. When was the Constitution formed ? 

37. What does it say of enumeration ? 

38. What is the leading object for which the census is taken? 

39. How often must the census be taken ? 

40. When was the first census taken ? 

41. How many times had it been taken ? 

42. Who has the control of this matter ? 

43. What department has the supervision of this matter? 

44. Where has that department placed the execution of it ? 

45. How do the marshals divide their districts ? 

46. How do the census-takers do this business ? 

47. What penalty attaches to a refusal to answer the officer's ques- 

tions ? 

48. By whom are Representatives elected ? 

49. Who are these people ? 

60. What is the substance of the discussion in the Convention on 
this subject 



72 CIVIL GOVERNMENT. 

LESSON 15. 

HOUSE OF REPRESENTATIVES-Continued. 

VII. Qualifications of Electors. 3. 

The word electors here means voters. The Constitution 
requires that the electors, or voters for members of the 
House of Representatives, shall have the qualifications 
requisite for the voters, or electors of the most numerous 
branch of the State Legislature. 

A State Legislature, like the Federal Congress, consists 
of two Houses, one of which is called the Senate, and the 
other of which is known as the Assembly, House of Dele- 
gates, or House of Representatives, — in one State by one 
name, in another by another. The Senate is the least 
numerous branch, and is frequently called the upper 
house ; the other branch is the most numerous, and is 
often called the lower house. 

In some States higher qualifications are required to vote 
for members of the upper than of the lower House. But 
by the provision of the Constitution just referred to, no 
State has the right to require any higher qualification of 
an elector to vote for a member of the House of Repre- 
sentatives than it requires to vote for a member of its 
own lower House. 

For instance, the Senate of the State of New York 
consists of thirty-two members, the Assembly of one 
hundred and twenty-eight — the Assembly being the most 
numerous branch of the State Legislature. Now, if the 
State of New York were to require a property qualifica- 
tion to vote for a State Senator, and no such qualification 
to vote for a member of the other House, that State could 
not require a property qualification to vote for a member 
of the national House of Representatives. Whoever may 



HOUSE OF REPRESENTATIVES. 73 

rote for a member of Assembly in New York, may enjoy 
the right to vote for a representative in Congress. Each 
State, therefore, determines this whole question for itself. 
Were women allowed to vote for members of Assembly 
in the State of New York, they must also be allowed to 
vote for members of the lower House of Congress. 

Members of the House of Representatives are elected 
in the several States by congressional districts. When it 
has been ascertained how many members each State is 
entitled to, the legislatures of the several States divide 
them respectively into as many congressional districts as 
they are each entitled to members. These congressional 
districts are numbered, for convenience, 1st, 2d, 3d, etc., 
and are known by their numbers. 

The electors of each district vote for but one candidate, 
though that candidate need not necessarily be a resident 
of the voter's district. He must, however, as we have 
seen, be an inhabitant of the State in which he shall be 
chosen. 

VHI. When Elected, 3, 15. 

The Constitution says that Representatives shall be 
chosen every second year — that is, once in two years. 
The Representative term commences the fourth day of 
March next after the election of the members, and con- 
tinues for two years. 

The day of election of Representatives has not, hereto- 
fore, been the same in the several States. The time has 
been regulated by each State Legislature for its own juris- 
diction. But by paragraph 15 of the Constitution the 
time of holding elections for Representatives may be de- 
termined by Congress. 

Under this authority they passed a law February 2, 
1872, fixing the time for election of Representatives ; 
and by this law the time is the same throughout the 
4 



74 CIVIL GOVERNMENT. 

United States, except in a few States where another day 
is fixed by the State Constitutions. 

In all other States and Territories the election must be 
held on the first Tuesday after the first Monday in Novem- 
ber, the year of the election. 

IX. How Vacancies filled. 6. 

The Constitution says : " When vacancies happen in 
the representation from any State, the executive author- 
ity thereof shall issue writs of election to fill such vacan- 
cies.^ 

The writ of election is directed to the proper officer of 
the congressional district in which the vacancy occurs. 
The writ commands that the election shall be held at a 
time therein named, and it is the duty of the officer to 
whom it is directed to give notice thereof. The election 
held in pursuance of such writ is called a special election. 

The Representative elected to fill a vacancy, serves 
only the unexpired portion of the term for which his pre- 
decessor was elected. Vacancies can only happen by 
death, resignation, or expulsion of the incumbent from his 
seat in the House. 



QUESTIONS, 



51. What does the word electors' mean? 

52. What must be the qualifications of voters ? 

53. Of what do State Legislatures consist ? 
54 Which is the most numerous branch ? 

^5. What qualifications has a State a right to require of voters for a 
Representative in Congress ? 

56. Give the substance of the illustration. 

57. What is said about congressional districts ? 

58. How often are members chosen ? 

59. When does a Representative term begin, and how long continue? 



HOUSE OF REPRESENTATIVES. 75 

60. By whom has the time for electing Representatives been deter- 

mined heretofore ? 

61. By whom is it now determined? 

62. Hereafter, on what day is the election to take place ? 

63. Where is the election to be held on that day ? 
64 How are vacancies filled ? 

65. What is said about this writ of election 2 

66. How may vacancies occur ? 



LESSON 16. 
HOUSE OF REPRESENTATIVES-Continwed. 

ri. Legislative J 1 ' ConCIlrrent 2 * 
( 2. Exclusive. 23. 

X. House Powers. \ 2. Inquisitorial. 7. 

1 3. Elective. (*• House Officers. 7. 
( 2. President U. S. 57. 

1. Legislative. — 1. Concurrent. — The House is co- 
ordinate with the Senate in general legislation. There 
are special powers peculiar to each House ; and these are 
so clearly defined in the Constitution as to take away all 
ambiguity. There can be no mistaking the powers of one 
House for those of the other. But in the general ordi- 
nary business of law-making the Houses are co-ordinate 
in legislative power. 

2. Exclusive.— Constitution : "All bills for raising rev- 
enue shall originate in the House of Representatives." 

It will be seen, therefore, that the power for origina- 
ting bills which may result in a tax upon the people be- 
longs exclusively to the House. 

This body, as has been stated, is constituted of tht 
more immediate representatives of the people ; and, as the 
people are to pay the taxes, if any are imposed, it would 
seem fit and proper that their representatives should be 
the prime movers in any measures that require money to 
prosecute them. 



76 CIVIL GOVERNMENT. 

2. Inquisitorial. — The House of Representatives has 
the sole power of finding, or preferring articles of im- 
peachment. An impeachment is a solemn and specific 
accusation brought against a public officer, drawn out in 
due form, charging him with treason, bribery, or other 
crimes and misdemeanors. 

It is in the nature of an indictment, being only prima 
facie evidence of guilt — sufficient, however, to put the 
accused on trial at the bar of the Senate. Although it 
requires a majority of two-thirds of the Senate to convict 
the accused, it requires only a numerical majority to pre- 
fer the impeachment by the House. 

It would be in the highest degree improper for the ac- 
cusing party to try and pronounce upon the guilt of the 
accused. When originating charges of impeachment, the 
House acts as the grand inquest of the nation. The 
Senate alone decides on the innocence or guilt of the ac- 
cused. 

In England the power of impeachment is vested in the 
House of Commons, the people's branch of the legislative 
department ; and the trial of impeachment belongs to 
the House of Lords, to which our Senate is somewhat 
analogous. (See Townsend y s Analysis of Civil Govern- 
ment) 

3. Elective. — 1. House Officers. — The Constitution 
says : The House shall choose their Speaker and other 
officers. The Speaker is the presiding officer of the House. 
He is chosen from among the members themselves, being 
himself a Representative. It is his duty to preside over 
the deliberations of the House, to keep order, and to ap* 
point standing committees. The other officers are a clerk, 
sergeant-at-arms, postmaster, and doorkeeper. These 
officers are not members of the House. 

2. President of the United States. — Among the peculiar 
and exclusive powers of the House of Representatives is 



HOUSE OF REPRESENTATIVES. 7? 

that of choosing a President of the United States in a 
certain contingency. 

When the Electors of President and Vice-President 
fail to elect a President by a majority of all the Electors 
appointed by the people for that purpose, the election of 
the President devolves on the House. This has occurred 
twice since the adoption of the Constitution. 

The first instance of an election by the House occurred 
in 1801. The two opposing candidates were Thomas Jef- 
ferson, of Virginia, and Aaron Burr, of New York. Mr. 
Jefferson was elected on the thirty-sixth ballot. 

The second instance of the kind occurred in 1825. At 
that time there were three candidates for the office, whose 
names were before the House. These were John Quincy 
Adams of Massachusetts, Andrew Jackson of Tennessee, 
and William H. Crawford of Georgia. Mr. Adams re- 
ceived a majority of the votes on the first ballot, and was 
declared elected. He was the sixth President of the 
United Slates. 



QUESTIONS. 

67. How are House-Powers divided and sub-divided ? 

68. What is said about the special powers of the two Houses ? 

69. What bills must originate in the House ? 

70. What is an impeachment ? 

71. What is said about impeachments in England ? 

72. What are the position and duties of the Speaker ? 

73. What are the other officers of the House ? 

74. In what case does the House elect a President of the United 

States? 

75. How many times, and when, has this occurred in our history \ 



BLACKBOARD EXERCISE. 



SENA TE. 
I. How Composed. 8. 

!1. Age. 10. 
2. Citizenship. 10. 
3. Inhabitancy. 10. 

III. Senatorial Term. 8. 

IV. By whom Chosen. 8. 
V. When Chosen. 9 f 

il. Expires second Year. 9. 
2. Expires fourth Year. 9. 
3. Expires sixth Year. 9. 

( 1. Legislature. 9. 

VII. How Vacancies iilled. 1 

f 2. State Executive. 9. 

VIII. Vote. 8. 

!1. Vice-President I T . S. 11. 
3. President pro tempore. 13. 
3. Chief Justice. 13. 
r 1. Legislative. 2. 

1. Appointments. 64. 



X. Senate Powers. < 



2* Executive. 

Treaties. 64. 






1. Senate Officers. 12. 

3. Elective. 

2. Vice-Presid. TJ. S. 61 

4. Judicial. 13. 



OHAPTEE X. 



LESSON 17. 

SENATE. 

I. How Composed. 8. 

^PHE Senate of the United States is composed of two 
Senators from each State. While in the House the 
number of Representatives for each State is proportioned 
to the population thereof, and consequently enjoy political 
power in that proportion, no such distinction exists in 
the Senate ; here the States, large and small, are equal. 
This is an unalterable provision of the Constitution, as 
will be seen by the closing language of Article V of that 
document, which says : " X o State, without its consent, 
shall be deprived of its equal suffrage in the Senate." 

The composition of the Senate is the result of compro 
mise between the larger and smaller States representee 
in the Constitutional Convention. Under the Confedera- 
tion, it will be remembered, the representative power id 
Congress was the same in all the States ; and that body 
consisted of but one House. The small State of Rhode 
Island had one vote, and the great State of Virginia had 
no more. The small States were tenacious of this power, 
and were reluctant to allow any encroachment on their 
sovereignty. 

The large States yielded one point in the compromise, 
and the small States another. The large States consented 



80 CIVIL GOVERNMENT. 

to equality in the Senate, and the small States to repre- 
sentation in the House in proportion to population. And 
as every bill, before it can become a law, must pass both 
Houses of Congress, the rights of the smaller States are 
not likely to be compromised in the legislative depart- 
ments. 

(1. Age. 10. 
II. Eligibility, <2. Citizenship. 10. 
( 3. Inhabitancy. 10. 

1 . Age. — The age of a Senator must be at least thirty 
years. By reference to the age required for membership 
in the other House, it will be seen that there is a differ- 
ence of five years ; a man being eligible to a seat in that 
House at twenty-five years. It is considered that, at 
least in some respects, the duties of a Senator are more 
responsible than the duties of a member of the House of 
Representatives. 

This may be inferred from the following : 

1st. There can be but two Senators from one State, 
while the number of Representatives will depend on the 
population. The State of New York, for instance, can 
have but two Senators, but at present, 1875, has thirty- 
three members of the other House. 

2d. The responsible duty of trying all impeacnments 
devolves on the Senate ; and from their decision there is 
(io appeal. 

3d. On the Senate rests the grave responsibility of de- 
dding on the fitness of executive nominations to office. 

4th. In the Senate is vested, jointly with the executive, 
the prerogative of treaty-making. 

2. Citizenship.— Any person, born or naturalized in 
the United States, and subject to the jurisdiction thereof, 
is a citizen. The period of citizenship here required, 
before a person can be eligible to a seat in the Senate, is 
oine years. This refers to persons of foreign birth, who 



SENATE. 81 

must go through the process of naturalization, in order to 
become citizens. 

The laws of Congress require five years' residence 
before an alien can become naturalized, and the Constitu- 
tion nine years' citizenship before he can hold the office 
of United States Senator ; making fourteen years' resi- 
dence necessary before he is eligible to a seat in that 
body. 

3. Inhabitancy. — A Senator of the United States 
must be an inhabitant of that State for which he is 
chosen. 

But let it be observed, that necessity of inhabitancy is 
limited to the time when chosen. A Senator chosen for 
New York, for instance, does not vacate his seat in the 
Senate by changing his residence to any other State dur- 
ing the term for which he was elected. It might be in 
the highest degree proper that he should resign ; but that 
is a matter within his own discretion. 



QUESTIONS. 

1. How is the Senate of the United States composed ? 

2. What is the provision of tin constitution with reference to 

this? 

3. Of what is the composition of the Senate the result ? 

4. What is said of the power of Congress under the Confedera- 

tion? 

5. What are the conditions of eligibility to the Senate ? 

6. In what respects are the duties of a Senator more responsible 

than those of a member of the other House ? 

7. What are the conditions of citizenship ? 

8. What time is required for naturalization ? 

9. What is said of the necessity of continuous inhabitancy? 



02 CIVIL GOVERNMENT. 

LESSON 18. 
SENATE— Continued. 

III. Senatorial Term. 8. 

The full Senatorial term is six years — a period three 
times as long as a term in the other House. The Senator- 
ial term was a subject of earnest debate in the Conven- 
tion, and on which, at first, there was great difference of 
opinion. 

The terms of three, four, five, six, seven, and nine years 
were severally proposed, and each had its advocates. 
Several members were in favor of extending the term for 
life, or during good behavior. 

All were in favor of a term sufficiently long to insure 
to the office dignity, stability, and independence. Six 
years was probably not the choice of half the members of 
the Convention ; but that term was adopted as a com- 
promise of the extremes. 

It was the intention of the authors of the Constitution 
that the Senate should be a far more grave, dignified, and 
aristocratic body than the House. 

IV. By whom Chosen. 8. 

The Senators are chosen by the Legislatures of their 
respective States. They represent their States in their 
political capacity, and are not regarded as representatives 
of the people. In the other House, a member, as we have 
seen, represents the people of his congressional district 
The Senator represents the whole State, by which he is 
chosen through its Legislature. Therefore, State Legis- 
latures claim the right to instruct their Senators in regard 
to the course which they wish them to take on great 
national questions, even to the extent of dictating how 
they shall vote on such questions. 



SEXATE. 88 

As the Legislature appoints the Senator they consider 
him as their immediate agent, or servant, and properly 
subject to their dictation and authority. 

They often request the Representative — but instruct the 
Senator, 

V. When Chosen. 9. 

By provision of the Constitution one-third the number 
of Senators are chosen every second year. 

This must necessarily be so, on account of the mode of 
classifying the Senators which the Constitution prescribes, 
and which it directs to take place at the first organization 
of the Senate under the new government. 

Only one-third of the Senators being chosen every sec- 
ond year, and but one-third retiring every second year, 
the Senate must always be constituted of members one- 
third of whom have had at least four years of legislative 
experience, and of another tiiiw* w ho have had at least 
two. 

By Act of Congress, passed July 26, 1866, relating to 
the election of United States Senators by the State Legis- 
latures, it is provided : 

1st. That each House shall, by a vote viva voce of each 
member present, on the second Tuesday after the meeting 
and organization thereof, name a person for Senator. 

2d. On the day following the two Houses shall meet 
in joint assembly ; and, if the same person shall have re- 
ceived a majority of all the votes cast in each House, he 
shall be declared duly elected Senator of the United 
States. 

3d. If no person has received such majorities, then the 
joint assembly shall choose by a viva voce vote a person 
for Senator ; and the person who shall receive a majority 
of all the votes of the joint assembly, a majority of the 



84 CIVIL GOVERNMENT. 

members of each House being present, shall be declared 
duly elected. 

4th. If such Senator is not elected on the first day, the 
joint assembly shall meet, and take at least one vote per 
day, during the entire session of the Legislature, or until 
a Senator shall be elected. 

5th. In relation to vacancies, the act provides that when 
one exists at a meeting of the Legislature, the same pro- 
ceedings shall be had on the second Tuesday after their 
meeting and organization. 

6th. When a vacancy shall happen during the session of 
the Legislature, like proceedings shall be had, beginning 
with the second Tuesday after notice of such vacancy 
shall have been received. 

7th. The Governor of the State shall certify the election 
of a Senator to the President of the United States. 



QUESTIONS. 

10. What is a senatorial terml 

11. How does this compare with a term in the other House ? 

12. What were the views of the members of the Convention on this 

subject ? 

13. By whom are the Senators chosen ? 

14. How does the representation of Senators differ from that of the 

other House ? 

15. Why do legislatures claim the right to instruct Senators ? 

16. What portion of the Senators is chosen every second year ? 

17. What is the result of this ? 

18. When, and by what formality, are Senators elected ? 



SENATE. 



85 



LESSON 19. 
SENA TE— Continued. 

( 1 . Expires second Year. 9. 
VI. HOW Classed. \ 2. Expires fourth Year. 9. 
(3. Expires sixth Year. 9. 

Constitution : "Immediately after they shall be assem- 
bled in consequence of the first election, they shall be 
divided as equally as may be into three classes : — The 
seats of the Senators of the first class shall be vacated at 
the expiration of the second year ; of the second class, at 
the expiration of the fourth year ; and of the third class, 
at the expiration of the sixth year/' 

By the foregoing provisions of the Constitution it will 
be seen that the Senate is a perpetual body. This was 
the intention of the framers of that instrument. The 
prerogatives with which it is invested, and the duties 
required of it, render this indispensable. It may be neces- 
sary to convene them at any time for the purpose of 
trying impeachments, confirming executive nominations 
to office, or concurring with the President in making 
treaties. Of course there would be times when this could 
not be done if the Senate were not a perpetual body. 

The number of Senators at first was twenty-six, there 
being thirteen States in the Union, and two Senators from 
each State. Were each of these Senators to serve for six 
years, their terms would all expire at the same time. But 
the plan was, that one-third should retire every second 
year ; hence the first Congress classified the Senators, and 
determined by lot who should retire at the end of two 
years, who at the end of four, and who at the end of six. 
That classification has been preserved, as nearly as prac- 
ticable, ever since. 

When a new State is admitted into the Union, and it 



86 CIVIL GOVERNMENT, 

chooses two Senators, it is determined by lot which shall 
serve for the short and which for the full term. 

VIL How Vacancies filled, j J' ® y ^T^J . 

( 2. By State Executive. 8. 

The language of the Constitution on this subject is as 
follows : 

"If vacancies happen by resignation or otherwise during 
the recess of the Legislature of any State the Executive 
thereof may make temporary appointments until the next 
meeting of the Legislature, which shall then fill such 
vacancies." 

1 . By the Legislature. — As implied by this language, 
if the Legislature of the State in which the vacancy occurs 
is in session when it happens, that body will fill the va- 
cancy. As to when and how they shall fill it, has been 
explained under the head, in this chapter " When Chosen" 

2. By the Executive. — The Executive is the Gov- 
ernor of the State. He may make temporary appointments 
to fill vacancies that occur when the State Legislature is 
not in session. 

If the Legislature is in session when the vacancy hap= 
pens, the Governor has no authority over the matter. 
Nor can he make an appointment, even for a single day, 
in anticipation of a vacancy that is soon to occur. He 
must wait until it has really taken place. This has been 
decided by the Senate of the United States. Nor can the 
State Legislature choose a Senator to fill a vacancy, until 
the vacancy has actually happened. 

VIII. Vote. 8. 

Constitution : " Each Senator shall have one vote.* 
This clause would seem to be superfluous, unless it be 
remembered that, under the Confederation, each State, 
whatever the number of its members in Congress, had but 



SENATE. 87 

one vote ; and, if less than two members were present, it 
had no vote. 

The States were each allowed from two to seven mem- 
bers ; and, if their delegation was equally divided, they 
lost their vote. One member was incapable of voting 
alone. 

It was the intention of the Constitution to give equality 
of suffrage in the Senate ; with the further advantage, 
that a Senator shall not lose his vote, nor his State go 
entirely unrepresented, on account of the absence of one 
of the members from the Senate-chamber. 



QUESTIONS. 



19. How are Senators classed, and when do their terms expire ? 

20. How long does the Senate exist ? 

21. What is the necessity of this ? 

22. How many Senators were in the first Constitutional Congress ? 

23. By what means were they classified ? 

24. What is done when new States are admitted ? 

25. By whom are vacancies filled ? 

26. What has been decided by the Senate in regard to filling vacan 

cies? 

27. What is the origin of the provision that each Senator shall have 

one vote ? 



LESSON 20. 
SENA TE— Continued. 

( 1. Vice-President V. S. 11. 
IX. Presiding Officer, -j 2. President pro tempore. 12. 

( 3. Chief Justice. 13. 

1 . Vice-President. — The Vice-President of the Uni- 
ted States is ex officio, that is, by virtue of his office, 



88 CIVIL GOVERNMENT. 

President of the Senate. He performs the ordinary duties 
devolving on a presiding officer, except that he does not 
appoint the standing committees. This exception is proper 
from the fact that he is not a member of the body over 
which he presides. 

In case of the removal of the President of the United 
States from office, or of his death, resignation, or inability 
to discharge the powers and duties of the said office, these 
duties devolve on the Vice-President ; and he becomes 
President of the United States. In such case, of course, 
he will not . act as presiding officer of the Senate. Nor 
will he act as President of that body during the trial of 
the President of the United States on impeachment, should 
such an event occur. 

2. President pro tempore. — By the Constitution, 
the Senate are required to choose a President pro tempore, 
in the absence of the Vice-President, or when that officer 
shall exercise the office of President of the United States. 

The President pro tempore of the Senate is sometimes 
called the Vice-President of the United * States — only, 
however, when the Vice-President has become President. 
This is often done, doubtless, by way of courtesy, but 
sometimes because he is really thought to be in fact such 
officer. This, however, is a mistake. 

The Vice-President is an officer of the United States, 
and no such officer can be a member of either House of 
Congress. The President pro tempore of the Senate is a 
member of that body — the Vice-President is not. 

A person may be eligible to the office of Senator, and con 
sequently to the position of President pro tempore, though 
ineligible to the office of Vice-President of the United 
States. (See Townsend's Analysis of Civil Government.) 

3. Chief Justice. — The President of the United States 
is removable from office on impeachment by the House 
and conviction by the Senate. The Senate has the sole 



SENATE. 89 

power to try all impeachments. When the President is 
tried the Chief Justice shall preside. 

It would be manifestly improper for the Vice-President 
of the United States to preside over the trial of the Pres- 
ident, whose conviction would result in removal from 
office. As the Vice-President, in such case, would succeed 
to the office of President, the former would be directly 
interested in the conviction of the latter. The President 
of the United States is the highest officer under our gov- 
ernment ; and it may be regarded in the highest degree 
proper and befitting, that, if brought to trial on impeach- 
ment, the highest judicial officer should preside over the 
solemn deliberations of such an august proceeding. 



QUESTIONS. 

28. Who is the presiding officer of the Senate ? 

29. What are Ms duties ? 

30. Why does he not appoint committees ? 

31. To what other duties may he be called ? 

32. In what case does he not preside over the Senate ? 

33. When is the President pro tempore chosen ? 

34. What is the President pro tempore sometimes called ? 

35. Why is he not such officer ? 

36. When does the Chief Justice preside over the Senate ? 
3Y. Why should not the Vice-President preside in such casef 
38. Why should the Chief Justice preside ? 



90 CIVIL GOVERNMENT. 

LESSON 21. 
SEJM TE— Continued. 

/I. Legislative. 2. 

2. Executive. ) \ Appointment*. 61 

X. Senate Powers. t }\ Tr f ^ «*• „ 

)«. Elective. J- S^* "^' * 
I ( 2. Vice -Presid.TJ. S. 57. 

\4. Judicial. 13. 

J 1. Legislative. — The Constitution makes no general 
distinction between the powers of the two Houses in 
legislation. It vests all legislative power in a Congress of 
the United States, consisting of a Senate and House of 
Representatives. These bodies are, therefore, co-ordinate 
with each other in general legislation. 

But, as we have seen in a former chapter, there is one 
power relating to legislation vested in the House exclu- 
sively ; and that is the power to originate bills for raising 
revenue. 

Yet, when these bills reach the Senate, that branch of 
the Legislature may treat them in all respects as though 
they originated there. They can propose amendments, 
concur with amendments, or reject them, if proposed by 
the House, at any stage of the proceedings ; or they can 
reject the bills altogether. 

2. Executive. — 1. Appointments. — The power over 
appointments to office and of ratifying treaties is called 
executive, because in such cases the Senate acts on the 
recommendations of the President. In the transaction of 
such business the session is called an executive session, 
and they sit with closed doors, the members being, gener- 
ally, under an injunction of secresy. 

The President nominates, and by and with the advice 
and consent of the Senate appoints, Ambassadors, other 
public Ministers, and Consuls ; Judges of the Supreme 



SENATE. 91 

Court and all other officers of the United States, whose 
appointments are not otherwise provided for in the Con- 
stitution, and which are established by law. 

The power is vested in the Senate, of ratifying or 
rejecting these nominations of the President. 

2. Treaties, — A Treaty is an agreement or contract 
between two or more nations, entered into with proper 
formality and solemnity, defining the rights of the respec- 
tive parties thereto with regard to trade, commerce, 
boundaries, or any other subject of interest to the nations 
concerned. 

The terms of Treaties are usually agreed upon either 
by Commissioners appointed by their respective govern- 
ments for the specific purpose of arranging the details, or 
by Ambassadors or other public Ministers. 

Treaties are discussed by the Senate in secret session. 
They can ratify or reject a Treaty, or ratify it in part and 
reject it in part ; or they can make additions to it. Every 
part of a Treaty, to be valid, must be ratified by a vote of 
two-thirds of the Senators present. 

When amendments to, or alterations of, the Treaties 
have been made by the Senate, the whole document must 
be re-submitted to the President, and also to the foreign 
government with whom negotiations are pending. 

3. Elective. — 1. Senate Officers, — The Senate has the 
power to elect its officers, except the President thereof, 
who holds this position by virtue of his being Vice-Presi- 
dent of the United States. They are required by the 
Constitution to choose a President pro tempore also. 
Deliberative bodies, with few exceptions, elect their own 
officers ; and this is necessary to their independence. Here 
is one of the exceptions to the general rule, however, that 
the Vice-President is, ex officio, President of the Senate. 

Besides the President pro tempore, the Senate officers 
are a Secretary, who keeps the record or journal, has charge 



92 CIVIL GOVERNMENT. 

of the papers, and reads such as he may be called upon by 
the members to read ; a Sergeant-at-arms, who sees that 
orders of the Senate are executed ; a Post-master, who 
sees to the mailing and distributing letters and papers for 
the members ; and a Door-keeper, who has charge of the 
doors. 

These officers, except the President pro tempore, are not 
specified in the Constitution, and are not elected from 
the members of the Senate. 

2. Vice-President. — As a last resort, the Senate elects a 
Vice-President of the United States. This is not done, 
however, until an attempt to elect this officer on the part 
of Electors chosen by the people has resulted in a failure. 
An election of a Vice-President by the Senate has taken 
place in the history of our government but once ; in 1837, 
Richard M. Johnson was elected by the Senate. 

4. Judicial. — The Constitution vests in the Senate the 
sole power to try all impeachments. 

When trying impeachments, the Senate sits as a court ; 
and from their decision there is no appeal. Nor can the 
President of the United States exercise the pardoning 
power in cases of impeachment. 

It requires a concurrence of two-thirds of the members 
present to convict a party on impeachment. This was 
believed to be necessary in order to guard against hasty 
and inconsiderate decisions, and to prevent convictions 
from party zeal and political bias and prejudice. So large 
a majority, moreover, would be more likely to command 
the respect and peaceable acquiescence of the whole 
country. 

The Constitution limits the punishment to be inflicted 
by the Senace on impeachment, — 1st. To removal from 
office ; and, 2d. To disqualification to hold and enjoy any 
office of honor, trust, or profit under the United States. 



SENATE. 98 



QUESTIONS. 

89. What is said of the general legislative power ? 

40. What legislative power belongs to the House only ? 

41. What power has the Senate over these bills? 

42. What are the Executive powers of the Senate ? 

43. On what appointments to office does the Senate act ? 

44. What is a Treaty ? 

45. By whom are the terms of Treaties generally proposed? 

46. What power over Treaties has the Senate ? 

47. What officers has the Senate ? 

48. By whom are they chosen ? 

49. What are the duties of these officers ? 

50. When does the Senate elect a Vice-President of the United 

States ? 

51. How many times has this occurred ? 

52. What is the judicial power of the Senate ? 

53. What is said about impeachments ? 

54. What punishment may follow impeachment 1 



BLACKBOAKD EXERCISE. 



PROVISIONS COMMON TO BOTH HOUSES, 



II. Ineligibility J 



I. Membership. 17. 

1. Official Incumbrance. 8&, 
( 3. Disloyalty. 100. 

III. Business Quorum. 17. 

IV. Parliamentary Rules. 18. 
V. Yeas and Nays. 19. 

1 1. Keeping. 19. 

VI. Journal.^ 

~ Publishing. 19. 



■\', 

ties.-} 
V 



, 1. Punishment. 18. 

VII. Penalties.^ 

2. Expulsion. 18. 

( 1. Time. 30. 
,1. Adjournments.^ p]ace20 

VIII. Prohibitions, j t offices created ^ 

2. On Members, -j 2. Emoluments in« 
' creased. 22. 

IX. Official Oath. 84. 



X. Salaries. 21. 

From Arrest. 21. 
Of Debate. 21. 



, XI. Official Privileges.] 1 ' 



CHAPTEE XI. 



LESSON 22. 

PROVISIONS COMMON TO BOTH HOUSES. 

I. Membership. 17. 

QOXSTITUTION : " Each House shall be the judge oi 
the elections, returns, and qualifications of its own 
members." 

These are powers which, from the necessity of the case, 
must be vested in the House where membership is claimed. 
It is necessary to settle the legality and regularity of the 
election; otherwise any person might intrude himself into 
either House without the least show of authority. Regu- 
larity and legality of election can be determined only by 
an inquiry into the election through the returns, which 
opens the whole subject for investigation ; for, in ascer- 
taining the validity of the returns, it may be necessary to 
go back of them, and inquire into the legality of the 
election itself. 

Were it not for these powers a person might claim 
membership to either House who was wholly ineligible. 

Even though regularly elected, he might lack any or all 
those qualifications required by the Constitution. 

The power of determining the right to membership 
belongs not only to each House of Congress by express 
Constitutional provision, but like authority is conceded to 
the legislative bodies of all the States, and to kindred 
bodies under all free governments. 



9G CIVIL GOVERNMENT. 



II. Ineligibility. \ 



Official Incumbrance* 22. 
2. Disloyalty. 100. 



1. Official Incumbrance. — The language of the 
Constitution on this subject is : — " No person holding any 
office under the United States shall be a member of either 
House during his continuance in office." 

If a person holds any Federal office at the time of his 
election to either House of Congress, he must resign it 
before he has the right to take his seat. This provision 
originated in a deference to State jealousy, and fear that 
the General Government would obtain an undue influence 
in the National Councils. If a Federal officer were al- 
lowed to be a member of either House, he might wield an 
undue influence over those with whom he would be asso- 
ciated in legislative deliberations. 

2. Disloyalty. — In the year 1861, a great civil war 
broke out in the United States which continued more than 
four years. It cost the country more than a million of 
lives and several billions of money. Most of the slave- 
holding States passed ordinances of secession, and many 
of their citizens, to the number of several hundred thou- 
sand, took up arms against the Government of the United 
States. Among the insurgents were thousands of the 
prominent men of the South, many of whom had held 
high offices in State and Nation. The conflict resulted in 
the downfall of the rebellion, and in the triumph of the 
Federal Government. 

The Federal and State office-holders who were engaged 
in the secession movement, had taken an oath to support 
the Constitution of the United States. By the third clause 
of the fourteenth Article of Amendments to the Constitu- 
tion all such persons are declared ineligible to a seat in 
either House of Congress. Though by a further provision 
of the same clause such disability may hje removed by* a 
vote of two-thirds of the members of each House. 



PROVISIONS COMMON TO BOTH HOUSES. 97 

1*1. Business Quorum. 17. 

The Constitution says : — " A majority of each House 
shall constitute a quorum to do business, but a smaller 
number may adjourn from day to day, and may be author- 
ized to compel the attendance of absent members, in such 
manner and under such penalties as each House may pro- 
ride." 

It is indispensable that the Constitution specify the 
number necessary to do business ; otherwise a reckless and 
intriguing minority might take advantage of the absence 
of the majority, and usurp the functions of legislation by 
enacting repugnant and odious laws, or by repealing those 
most acceptable to the people. 

On the contrary, if a smaller number could not adjourn 
from day to day, or compel the attendance of absent 
members, the whole business of legislation might be sus- 
pended at the pleasure of a few refractory absentees. The 
necessity of these three provisions in reference to business, 
therefore, must be evident at a glance. 

IV. Parliamentary Rules. 18. 

Constitution : " Each House may determine the rules 
of its proceedings." 

Every deliberative assembly has an inherent right to 
adopt such parliamentary rules as it chooses for the trans- 
action of business, provided those rules do not violate any 
organic law from which such assembly receives its au- 
thority. 

Take away this right to adopt their own rules of pro- 
ceeding, and it would be utterly impracticable to transact 
business with facility and dispatch. 



98 CIVIL GOVERNMENT, 



QUESTIONS. 

1. What does the Constitution say about membership ? 

2. Why is this necessary ? 

3. What may be necessary to the inquiry of the legality of the 

returns ? 
4 What might a person lack though regularly elected ? 

5. To what legislative bodies is this right accorded ? 

6. What are the conditions of ineligibility ? 

7. What is the language of the Constitution as to this! 

8. In what did this originate ? 

9. What great event occurred in 1881 2 

10. What did it cost the country ? 

11. What did the Southern States do? 

12. How did the conflict terminate ? 

13. What oath had many of the insurgents taken ? 

14. What does the fourteenth Article of Amendments say about 

these? 

15. What does the Constitution say about a quorum ? 

16. Why does the Constitution define the quorum to do business ? 

17. What is said about Parliamentary rules ? 

18. What if this right were taken away ? 



LESSON 23. 

PfiOVISIQNS COMMOJV-Continued. 

Y. Yeas and Nays. 19. 

Constitution : " The yeas and nays of the members of 
either House on any question shall, at the desire of one- 
fifth of those present, be entered on the journal." 

The usual method of taking a vote in deliberative bodies 
lis substantially this : — The question being stated by the 
presiding officer, he puts it first affirmatively, " As many 
as are in favor of the proposition, say Aye? All the 
members in favor of it respond Aye. The presiding officer 
then puts the question negatively, "Those opposed say 



PROVISIONS COMMON TO BOTH HOUSES. 99 

No" The president is generally able to decide by the 
sound ; but if not, he repeats the trial, calling the vote 
both affirmatively and negatively. If still in doubt, or at 
the request of a member, the House may be divided ; the 
affirmative taking one side, and the negative the other, 
when the secretary counts ; and, on the count, the de- 
cision is made. 

But in taking the yeas and nays, the process is quite 
different. The presiding officer states both sides at once> 
thus: "As many as are in favor, etc., will, when their 
names are called, answer, Yea y and as many as are op- 
posed will, when their names are called, answer, No" 
The names are then called, usually in alphabetical order, 
each member rising at the call of his name by the secre- 
tary or clerk, and answering yea or nay, as he votes ; the 
clerk noting the vote in each case. He then usually reads 
over the list of names and the votes in each case, so that, 
if any mistakes have been made, they may be corrected. 

Several objects are secured by taking the yeas and nays: 

1st. They are entered on the journal, which shows, 
therefore, the way each member votes. The record is 
kept for future inspection. 

2d. The record also shows who were absent ; a matter 
of scarcely less importance to the member, or his consti- 
tuency, than the vote itself one way or the other. Mem- 
bers sometimes absent themselves for the purpose of 
avoiding responsibility in voting. 

3d. As the newspapers publish a list of the yeas and 
nays, the people soon learn how each member has voted 
on any important question. 

VI. Journal. ^^ eep . lng> m 

( 3. Publishing. 19. 

1. Keeping. — The Constitution says that each House 
shall keep a journal of its proceedings. This provision 



100 CIVIL GOVERNMENT. 

imposes a salutary restraint upon the members of the two 
Houses. In a certain sense, it brings representative and 
constituent face to face. The journal contains a lasting 
record of the doings of the body for which it is kept, and 
is accessible for inspection at all proper times. 

2. Publishing. — The Constitution requires that, from 
time to time, the journal shall be published ; excepting 
such parts as are proper to suppress ; of which each 
House is the judge. 

There may be proceedings in every legislative body, 
especially in times of insurrection or invasion, the imme- 
diate publication of which would be imprudent in the 
highest degree. The publication of such from day to 
day might give great advantage to a public enemy, and 
endanger the very existence of the government itself. 

VII. Penalties, jj* »*•»*■*"»*• » 

(2. Expulsion. 18. 

1 . Punishment. — The Constitution says that " each 
House may punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member." 

The power to punish members for disorderly behavior 
is usually given to legislative bodies. Without this 
power, it might be impossible, at times, to transact busi- 
ness. Under high excitement, members are sometimes 
boisterous and tumultuous in conduct ; and they might 
persist in disturbing the assembly, but for this power to 
punish. Rules would be of no use without the power to 
enforce them. 

2. Expulsion. — The power to expel a member is given 
for the same purpose ; that is, for the preservation of 
*>rder, and for the maintenance of proper decorum. With- 
out these powers, the country would lose all respect for 
its legislative assembly. But lest party-spirit might over- 
step the limits of propriety, and a domineering majority 



PROVISIONS COMMON TO BOTH HOUSES. 101 

expel members of opposite political sentiments from 
improper motives, a salutary restraint is imposed, requiring 
a vote of two-thirds for the expulsion of a member. So 
large a majority it would be difficult to secure in any case 
where the rights of the assembly had not been grossly 
outraged. 

A member may be expelled, not only for misbehavior 
in the presence of the assembly itself, but for any con- 
duct elsewhere incompatible with his obligations as a 
legislator. 



QUESTIONS, 



19. What does the Constitution say about yeas and nays ? 

20. What is the usual method of taking votes ? 

21. How, by yeas and nayn? 

22. What objects are secured by this method? 

23. What does the Constitution say about keeping a journal? 

24. What is the use of this provision? 

25. What about publishing the journal? 

26. Why not publish the whole journal ? 

27. What dops the Constitution say about penalties ? 

28. What is the use of this power ? 

29. For what is the power of expulsion given? 

30. Why is so large a vote required to expel a member? 

31. For what may a member be expelled ? 



LESSON 24. 
PROVISIONS COMMON— Continued. 



j 1. Time. 20. 
Adjom^ments. | 2 place ^ 

VIII. Prohibitions. 1 / L offices created. 22 

k 2. On Members. ) _ _, , 

J t 2. Emoluments in- 



\: 



creased. 22. 

1. Adjournment. — Constitution: "Neither House, 
during the session of Congress, shall, without the consent 



102 CIVIL GOVERNMENT. 

of the other, adjourn for more than three days ; nor, to 
any other place than that in which the two Houses shall 
be sitting." 

1. Time. — If there were no limitation as to the time for 
which either House, during the session of Congress, might 
adjourn without the consent of the other, a factious party- 
spirit controlling in either House might seriously interrupt 
legislation, or bring it to an untimely close. 

2. Place. — Were there no restriction with regard to the 
place to which either House might adjourn without the 
consent of the other, mischief equally disastrous and em- 
barrassing might be perpetrated. One House might compel 
the other to follow it from place to place for the very 
purpose of preventing legislation. This might be done by 
a minority taking advantage of the absence of a ma- 
jority, as a minority has power to adjourn. 

The duration of the sessions of Congress depends, 

1st. On the constitutional limitation, which can not 
extend beyond the period of two years. 

2d. On the pleasure of the two Houses, subject to the 
foregoing restriction. 

3d. On the pleasure of the President of the United 
States, when the two Houses cannot agree on the time of 
adjournment. 

2. On Members. — Constitution : " No Senator or 
Representative shall, during the time for which he was 
elected, be appointed to any civil office under the authority 
of the United States which shall have been created, or 
the emoluments whereof shall have been increased during 
such time.'' 

If a member of Congress were permitted to assist in 
creating an office, and then to resign his seat for the pur« 
pose of obtaining that office on being nominated to it by 
the President, it would throw wide open the doors to 
executive corruption. Numerous lucrative offices mi^ht 



PROVISIONS COMMON TO BOTH HOUSES. 103 

thus be created by legislation, with the understanding, 
express or implied, between the legislators and the Execu- 
tive, that the offices so created should be distributed 
among those who were instrumental in creating them. 

The chairman of the Judiciary Committee might pro- 
pose, to the House of which he was a member, the creation 
of a United States Judgeship in California, with a salary 
of ten thousand dollars a year ; and, through his official 
influence, the bill might pass both Houses of Congress. 
By pre-arrangement with the Executive, that office might 
be secured to the very man who had been the chief means 
of creating it, were he at liberty to resign his seat and 
take it. 

Also, by a system of "bargaining and selling," the 
salaries of certain offices might be greatly increased by 
mercenary legislation ; and then those salaries might be 
bestowed on the very men who had been active in aug- 
menting them, but for the restrictions under consider- 
ation. 

IX. Official Oath. 84. 

Senators and representatives shall be bound by oath or 
affirmation to support the Constitution of the United 
States. 

This oath is administered to the members, before taking 
their seats, by the Secretary of the Senate, or Clerk of the 
House of Representatives. He who takes it appeals to the 
Supreme Being for the rectitude of his intentions. Such 
an oath is calculated to make a solemn impression on the 
mind of any candid and conscientious man. 

It seems fit and proper, therefore, that all who assume 
the important trust of legislation for their country should 
take upon themselves this solemn obligation. They as- 
sume grave responsibilities, the faithful discharge of which 
concerns the welfare of the whole people.. 



104 CIVIL GOVEKNMENT. 

Some persons are conscientiously opposed to taking an 
oath on any occasion whatever. Out of respect to the 
scruples of such persons, a solemn affirmation is adminis- 
tered instead of an oath. 

1* 



QUESTIONS. 

32. What does the- Constitution say about adjournments? 

33. Why this limitation ? 

34. Why the limitation as to place ? 

35. On what does the duration of Congress depend ? 

36. What are the constitutional prohibitions on members ? 

37. How might members profit but for this prohibition ? 

38. What is the official oath ? 

39. Why should this oath be taken ? 

40. Who may be excused from taking it ? 



LESSON 25. 

PROVISIONS COMMON-Continued. 

X. Salaries. 21. 

The language of the Constitution on this subject is : — 
" The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law, and 
paid out of the treasury of the United States." 

The salaries of the Representatives are the same as the 
salaries of the Senators. At first, in 1789, they were fixed 
at six dollars a day, and six dollars for every twenty miles' 
travel in going to and returning from the seat of Govern- 
ment. This compensation has been increased from time 
to time by various Acts of Congress. The salary of a 
member of either House at the present time, 1875, is five 
thousand dollars a year. That of the Speaker of the 



PROVISIONS COMMON TO BOTH HOUSES. 105 

House is eight thousand dollars ; of the President of the 
Senate the same. 

The Constitution says that the compensation is to be 
ascertained by law ; which is by no means a very difficult 
matter, as the members make the law to suit themselves. 
As to the amount, there is no constitutional restraint or 
limit. The want of some provision of limitation was not 
entirely overlooked by the authors of the Constitution. 
They thought it improbable, however, that such an author- 
ity placed in such hands would be abused. But, right or 
wrong, much complaint has been uttered on the subject. 

The members of the British Parliament, whether of the 
House of Commons or the House of Lords, receive no 
compensation whatever. 

Many of the members of the Convention that formed 
the Constitution, were opposed to allowing salaries to 
Senators and Representatives. It was proposed to con- 
sider the honor of the position a sufficient reward ; 
believing that this would secure the services of men of 
higher character and more distinguished ability. 

But the majority of the Convention were in favor of 
salaries ; and this view prevailed. It was thought best 
that the salaries of members should be paid from the 
United States treasury, as that would be more likely to 
secure promptness of payment, and, consequently, prompt- 
ness of attendance. Under the Confederation, the mem- 
bers were paid by their respective States. The pay was 
often slow, and the attendance tardy and reluctant. 

vt s^jx* • i t» • <i (!• From Arrest. 21. 

XI. Official Privileges. ] „ _„ _ ^ A ^ 

& (3. Of Debate. 21. 

Constitution : " They shall, in all cases except treason, 
felony, and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective 
Houses, and in going to and returning from the game * 



106 CIVIL GOVERNMENT. 

and for any speech or debate in either House, they shall 
not be questioned in any other place." 

1 . From Arrest. — This is a privilege accorded to 
members of all legislative bodies. But for it the House 
Alight suffer great inconvenience in the transaction of 
business, and the congressional district, or the State, 
fright be for a time without representation. 

Prominent members of important committees, or even 
lie Speaker of the House, might be detained from the 
performance of legislative duties at the instance of private 
creditors ; and thus private interests would be allowed 
fco interfere with the performance of public duties. 

They can be arrested for crime only. An eminent 
English jurist says that it has immemorially constituted 
a privilege of both Houses of the British Parliament. It 
is also necessary in order to sustain the personal independ- 
ence of the members. 

2. Of Debate. — For the purpose of securing entire 
freedom of discussion, no member of either House can legal- 
ly be questioned elsewhere for anything which he may see 
fit to utter in debate in his place as a member ; that is, he 
can not legally be called to account before the courts, no 
matter how much he may slander private character. This 
provision is for the purpose of securing entire and unlim- 
ited freedom of discussion. 

Of course, this is a right which may be, and sometimes 
is, abused. But the public interests may require the most 
critical and searching examinations into personal and 
official qualifications of individuals proposed as candidates 
for public stations of grave responsibility. Members 
should be allowed to perform these duties without fear of 
future personal retribution. 



PBOVISIOHS COMMON TO BOTH HOUSES. 107 



QUESTIONS. 

41. What does the Constitution say about salaries? 

42. What was the salary of a member in 1789 ? 

43. What is the salary now ? 

44. What are the salaries of the presiding officers ? 

45. Who fixes the amount of salaries ? 

46. Why should the salary be paid out of the treasury of the Un: I 

ted States ? 

47. By whom was it paid under the Confederation ? 

48. Why should members be privileged from arreet) 

49. For what may they be arrested ? 

50. What is the second privilege ? 

51. Why is this? 



BLACKBOABD EXEKCISE, 



POWERS OF CONGRESS. 



I. Finances. 



1. Taxes, duties, imposts, ei 
cises. 26. 

r 1. Resources. ^ 2. Borrow money. 27. 
I 3. Territory. 79. 
1 4. Other property. 79. 

, 1. United States debts. 26. 
, 2. Disburse- j a _, _ _ _„ 

ments. "i ^* Common defense. 2j. 

3. General welfare. 26. 



11. Foreign Nations. 28. 
2. Several States. 2a 
3. Indian Tribes. 28. 



III. Commercial. 



2. Value of Coin. 



1. Coinage of Money. 30. 

1. Domestic. 30. 

2. Foreign. 30. 
3. Weigbts and Measures. 30. 

^ 4. Bankruptcy. 29. _^ 



IV. Penalties.^ 



1. Counterfeiting, j 1> U * J 



V. Postal 



■\ 



1. U. S. securities, 9L 
S. coin. 31. 

2. Crimes on bigb seas. 35. 

3. International offenses. 35. 
4:. Treason. 72. 

1. Post-offices. 32. 

2. Post-roads. 32. 



VI. Patent and Copyrights. 33. 



BLACKBOARD EXERCISE. 109 

r 1. Declaration. 36. 

2. Marque and Reprisal. 36. 

3. Captures. 36. 

4. Armies. 37. 
VII. War. \ 5- Navy. 38. 

6. Rules.— Land and Naval Forces. 39. 

1. Organizing. 41. 

1. General control. H 

7. Militia. 



/ 1. Organizing. 41. 
J 2. Arming. 41. 
' \ 3. Disciplining. 41 
' 4. Governing. 41. 



( 1. Laws of the Union. 4Ct 
I 2. Calling forth. < '2. Insurrections. 40. 
( 3. Invasions. 40. 

!1. Inferior Tribunals. 34. 
2. Place of Trial. 71. 
3. Restrictions. 70. 

IX. Naturalization. 29. 

r 1. Government. 79. 

I 2. Seat of Government. 42. 



X. Territory.^ 3. Public works. 42. 

I 4. Alienation. 79. 

I, 



5. New States. 78. 

^ * **. *.* { !• Members of Congress. 15. 

( 1. Elections. X & 

( 2. Presidential Electors. 58. 

XI. States. J 2 . state Records . \ 1- Method of proving. 74 
I ( 2. Effect of proof 74. 

V 3. Imposts and Duties. 53. 

XII. Executive Vacancy. 60. 
XIII. Appointments. 64. 



XIV. Constitutional Amendments. 81. 

Slave-trade. 44. 
Abolition. 97. 



XV. Slavery.-! 1 ' 

(2. 



XVI. General Law-making. 43. 

f 1. Frequency. 16. 

" XVII. Meeting. -J . ( 1. By the Constitution. 16. 

(2. Time.^ By]aw lg 



CHAPTER XII. 



I. Finances. 



LESSON 26. 
POWERS OF CONGRESS. 

C 1. Taxes, duties, imposts, excises. 26. 

1. Resources J 2 « Borrow mo ™?' ™' 
3. Territory. 79. 

1 4. Other property. 79. 

f 1. United States debts. 26. 

Disburse- J 2 . Common defense. 26. 
uients. 1 n . 

{3. General welfare. 26. 



HHHE word finances, as here used, signifies the resources 
and disbursements of the country. 

1. Resources. — The resources of a country are the 
pecuniary means which it has at its command. ■* 

1. Taxes j duties, imposts, and excises. — By our Consti- 
tution the resources consist in part of the power to lay 
and collect taxes, duties, imposts, and excises. 

A tax is a sum of money levied on the property or 
inhabitants of a country for the support of the govern- 
ment. The power to lay and collect taxes belongs to 
every human government, without which the expenses 
thereof could not be defrayed. This is one of the means 
which it has of enabling it to perform its obligations to 
the country. No government could sustain itself without 
regular and reliable resources. 

Direct taxes are the kind here referred to. They are to 
oe apportioned among the several States in the same 



POWERS OF CONGRESS. Ill 

manner as representatives ; that is, in proportion to the 
representative population. Taxes are of two kinds, direct 
and indirect. Direct taxes are such as are laid on the 
property of the country, or on persons ; the latter being 
called a capitation tax. Indirect taxes are such as are 
levied on articles of consumption, of which no person pays, 
except in proportion to the quantity or number of such 
articles which he may consume. 

Duties, imposts, and excises are also of the nature of 
indirect taxes. These must be uniform throughout the 
United States ; that is, the same in all States. 

The word duties refers to a kind of taxes levied on 
goods and merchandise imported or exported. In our 
country, an export duty is not permitted to be levied. 
The Constitution forbids it. 

The imposts, under our government, are equivalent to 
customs, referring strictly to the duties on imports from 
foreign countries. 

The word excises is applied more particularly to internal 
taxation ; being levied on articles manufactured and con- 
sumed in the country, and also on various kinds of 
business. The money paid for licenses to sell liquors, or 
to deal in any other commodities, is called excises, or 
excise taxes. 

Duties on imports are of two kinds, — specific and ad 
valorem ; and are collected at the custom-house. A 
specific duty is a certain sum of money charged according 
to quantity or weight, without any reference to the value 
of the articles weighed or measured ; as a dollar on a yard 
of silk, or ten cents on a pound of tea. 

Ad valorem is a word or phrase that signifies according 
to the value of. Ad valorem duties are levied on articles 
according to their value ; as twenty-five per cent on the 
cost of cloth, and ten per cent on the cost of tea. 

Duties are collectible at the custom-house where the 



112 CIVIL GOVERNMENT. 

goods are landed for consumption. Goods are estimated 
at their value where they are purchased, not where deliv- 
ered. This is shown by the invoice, unless there is 
evidence of fraud in the bill ; in which case, the proper 
officers investigate the matter, and decide according to 
the proof. 

If fraud is proved, the goods are forfeited to the use of 
the United States; and the perpetrator of the fraud may 
be punished for it as well as for the perjury. 

2. Borrow money. — The power to borrow money on 
the credit of the United States is classed among the gov- 
ernment resources. It has often been found to be of great 
importance in sustaining the financial interests of the 
country. No country can sustain itself through a long and 
expensive war, simply on its ordinary income. All the 
great powers of the world have found it necessary, at one 
time or another, to borrow money. 

In our wars with Great Britain and with Mexico, we 
found it necessary to borrow in large sums ; but, in our 
more recent domestic war, we were compelled to run up 
our national debt to nearly three thousand millions — thim 
anticipating the government income for a quarter or half 
a century. 



QUESTIONS. 

1. What does the word finances mean ? 

2. Of what do the resources of this country consist ? 

3. What is a tax ? 

4. Why are taxes collected ? 

5. How many and of what kinds are taxes ? 

6. What are duties, imposts, and excises ? 

7. Of what kinds are duties, and where collected ? 

8. What is the result of fraudulent invoices ? 

9. Why has it been necessary for the United States to borrow money 7 



POWERS OF CONGRESS. 113 

LESSON 27. 

POWERS OF CONGRESS-Continued. 
I. Finances — Continued. 

3. Territory. — The right of ownership always implies 
(the right of transfer. The right to dispose of the territory 
of the United States is to be understood here in a restricted 
sense. The United States does not own a State in fee- 
simple, or in any sense implying an interest in its soil. 
The government has no authority, whatever, to sell a 
State to any foreign power. 

The power of Congress herein referred to is limited 
to— 

1st. Unorganized and unoccupied tracts or territories. 

2d. Public lands in parcels to settlers, or to individuals 
desiring to purchase. 

3d. To dispose of them in any other way for the pro- 
motion of the general welfare. 

4th. To cede to States unoccupied lands lying within 
their boundaries, for literary or school purposes. 

5th. To re-cede to States, for instance, from which they 
have been obtained, any lands, when the purposes for 
which they were obtained no longer exist. 

This power to dispose of the territory of the United 
States implies the power to sell the lands, or to give them 
away for the public good. Many of the Western States 
have received grants of large tracts of lands within their 
borders by Act of Congress; In selling lands to individual 
purchasers, the government has received many millions 
into its treasury ; so that the disposition of the territory 
belonging to the United States may be regarded as one 
of the national resources. 

4. Otlier property. — Congress is invested with power to 



114 CIVIL GOVERNMENT. 

dispose of other property of the United States. This, 
doubtless, includes every species of personal property. In 
time of war, especially, a vast amount of personal property 
accumulates in the hands of government, such as ships, 
horses, wagons, guns, clothing for soldiers, etc., which 
become useless in time of peace, and may be disposed of 
to the advantage of. the public treasury. 

2. Disbursements. — The disbursements of a govern- 
ment are the sums of money paid out by it. Congress is 
authorized to make appropriations for the following pur- 
poses : 

1. United States debts. — The only purposes for which 
the burden of taxes, duties, imposts, and excises can be 
imposed, are to pay the debts and provide for the common 
defense and general welfare of the United States. The 
power of raising money through these means is for these 
definite and stipulated purposes. 

Everything necessary for the welfare of the country is 
included in these powers of collecting money and disburs- 
ing it. The want of this, it will be remembered, was 
a serious defect under the Confederation. Before the 
adoption of the present Constitution the government was 
utterly powerless to maintain its credit at home or abroad. ; 

2. Common defense. — To provide for the common de- 
fense is one of the objects for which the various kinds of 
taxes may be imposed. A nation without the ability to 
protect itself from foreign invasion or domestic insurrection 
is destitute of one of the attributes of sovereignty essential 
to its independence. The army and navy are the organ- 
izations through which a nation demonstrates its strength 
in time of war. To support these on a scale commensurate 
with the wants of the United States necessarily requires 
the expenditure of immense sums of money. They will be 
further noticed in considering the war-power of Congress. 

3. General welfare. — To provide for the welfare of its 



POWERS OF CONGRESS. 115 

citizens is the first duty of every government. Unable tc 
do this, it will soon fail to command the respect, homage, 
and loyalty of its subjects ; and no government, especially 
republican in form, can long exist without the regard and 
affection of the people. 

If there is a single sentence or clause in the Constitu- 
tion more comprehensive of its purposes than any other, it 
is this one requiring Congress to make provision for the 
general welfare. Indeed, this is the one great object of 
its origin. 



QUESTIONS. 

10. In what sense is the right to dispose of territory to be under- 

stood ? 

11. What does the power here imply? 

12. What was the country's credit under the Confederation ? 

13. What other object for imposing taxes? 

14. What is the first duty of every government ? 



LESSON 28. 
POWERS OF CONGRESS-Continued. 

il. Foreign Nations, 28. 
II. Commerce. -] 2. Several States. 28. 
(3. Indian Tribes. 28. 

1. Foreign Nations. — Under the Confederation, Con- 
gress did not possess the power to regulate commerce. It 
belonged entirely to the several States ; and each acted 
according to the dictates of its own interests. This pro- 
duced angry disputes and rivalry between them, from 
which not only the several States, but the general govern- 
ment, greatly suffered. 

The authors of the Constitution, therefore, had no 



116 CIVIL GOVERNMENT. 

hesitation in conferring this power upon Congress. The 
vexations and bitter experiences of the past induced the 
country at large to readily accept this provision. * 

2. Several States.— The disastrous troubles of the 
past had rendered it evident that the power to regulate 
foreign commerce and interstate commerce ought to be 
in the same hands. Indeed, they could not safely be 
separated. The power to regulate foreign commerce, if 
vested in Congress, it was believed might be so exercised 
as to compel foreign nations to meet us on terms of reci- 
procity. * 

But if the States were to be allowed to restrict each 
other, to cultivate rivalry of interests, and to foster the 
jealousies of the past, commerce must languish, and the 
whole country must suffer. 

If goods landed or manufactured in New York or 
Massachusetts could not be sold and conveyed into 
Pennsylvania or Connecticut without being burdened 
with State restrictions, not only would feuds be cultivated 
among the States, but foreign commerce would be seri- 
ously embarrassed, if not wholly destroyed ; and this 
would strike a fatal blow at our national revenue/ 

3. Indian Tribes. — Under the Confederation, Con- 
gress had but a limited power over commerce with the 
Indian tribes. They had none, except w r ith those tribes 
located outside the limits of the State. Within a State 
the State itself had the authority. Each State adopted its 
own policy with this people. Consequently, there was 
no uniformity of traffic with the Indians ; and, this cre- 
ating dissatisfaction among the tribes, frequent aggressions 
and depredations were the result. 

That this power should be vested in Congress was indis* 
pensable, for three reasons : — 

1st. Experience had proved that it was extremelj 
hazardous to leave it with the States. 



POWERS OF CONGRESS. 117 

2d. Congress could much more easily command the 
confidence of the tribes than any State legislatures. 

3d. It was necessary for the preservation of the rights, 
and for the defense of the territory of the Indians them- 
selves. 



QUESTIONS. 

15. With whom has Congress the power to regulate commerce ? 

16. Why was this power given to Congress ? 

17. What objections to State restrictions? 

18. Why is it necessary that Congress should regulate commerce 

with the Indians ? 



LESSON 29. 
POWERS OF COjYGRESS-Continued. 



III. Commercial. ^ 



1. Coinage of Money. 

~ ^t * ^ ^ . {!• Domestic. 80. 

2. Value of Coin. < „ . 

I 2. Foreign. 30. 



3. "Weights and Measures. 30. 
-4:. Bankruptcy. 29. 

1. Coinage of Money. — This power is one of the 
ordinary prerogatives of sovereignty. It is exercised for 
the purpose of securing a proper circulation of genuine 
instead of base coin in commercial transactions. In order 
to insure its purity and uniformity of value, the coining of 
money is placed exclusively under the supervision of the 
Federal government. Money is the common standard by 
which the value of all articles of merchandise and real 
estate is measured or determined. Were it left to the 
States to coin money, there would be no uniformity in the 
standard of value ; depending, as it would, on State lines 
and boundaries. 



118 CIVIL GOVERNMENT. 

The advantages arising from placing this power exclu- 
sively in the hands of Congress are, — 

1st. The facilitation of exchanges at home and abroad 

2d. The encouragement and stimulus which it imparts 
to commerce. 

3d. The barrier which it erects against embarrassments 
arising from undue and forced scarcity. 

4th. It insures uniformity of value, as it insures uni* 
formity of alloy. 

2. Value of Coin. — 1. Domestic coin. — The power to 
regulate the value of domestic coin is expressly conferred 
on Congress by the Constitution. This is especially for 
the purpose of securing entire uniformity of value, in order 
that it may pass from hand to hand in business transac- 
tions ; obviating the necessity of a test being applied to 
each piece of money in each commercial transaction. 
Every piece of money is stamped in such a manner as to 
indicate its precise value. 

When at first metals were used as media of exchange, 
especially in ancient Britain, it was necessary to weigh 
such as were used, in every business transaction. It was 
also necessary to subject them to tests that would deter- 
mine their purity. 

They were not formed in the similitude of the beautiful 
coins of modern times. 

2. Foreign. — The power of regulating the value of 
foreign coin, is also given to Congress. But for the 
power to regulate the value of foreign coin, it would be 
difficult to regulate the value of domestic coin. 

Different States might attach different values to the 
same piece of foreign coin. Massachusetts might call a 
piece of English money, known as a sovereign, five dollars ; 
and New York, four dollars. A citizen of Massachusetts 
owing a citizen of New York five thousand dollars, to be paid 
in Boston, could compel the latter to accept a thousand 



TOWERS OF CONGRESS. 119 

sovereigns in payment, on which the citizen of New York 
would lose a thousand dollars if he used the money at 
home. Thus, foreign coin would become an article of 
commerce the same as any other commodity. 

3. Weights and Measures. — Congress has the ex- 
press power to fix the standard of weights and measures. 
But as yet it has not been exercised by this body. 

Until Congress shall fix a standard, the understanding 
seems to be that the States possess the power to fix their 
own weights and measures ; or, at least, the existing 
standards at the adoption of the Constitution remain in 
full force. 

It is desirable that a pound, a gallon, and a bushel shall 
be the same in all the States and Territories. But this 
entire uniformity will hardly be secured until Congress 
shall exercise its power over the subject. 

4. Bankruptcy. — The power to pass or establish 
uniform laws on the subject of bankruptcies is classed here 
as among the commercial interests of the government. 
A law of this character is regarded as indispensable to the 
commercial interests of the country. 

A bankrupt is one who owes more than he can pay. 
Especially he is to be regarded as such, when the question 
of his inability to pay his debts has been judicially ascer- 
tained. No State has a right to pass a bankrupt law, or 
any other law impairing the obligation of contracts. 

The objects of a bankrupt law are twofold : — 

1st. To enable creditors to secure an appropriation of all 
the property of a debtor who fails to pay his debts ; 
allowing the courts, in such cases, to give the debtor a 
complete discharge from all indebtedness. 

2d. To relieve unfortunate debtors from their debts, 
and from liability to imprisonment, on their own applica- 
tion and surrender of all their property. 

A bankrupt law must not be confounded with an 



120 CIVIL GOVERNMENT. 

insolvent law. An insolvent law simply relieves from a 
liability to imprisonment for debt, on the surrender of the 
debtor's property to the creditors ; it does not discharge 
the indebtedness itself. In such cases, the future property 
of the debtor may be seized for his debts, and appropriated 
to their payment. On the contrary, a discharge under a 
bankrupt law annihilates the debts themselves, and the 
creditors have no further claims. 



QUESTIONS. 

19. Why should the coinage of money be placed in the hands of the 

government ? 

20. What is money? 

21. Why not leave coinage to the States ? 

22. Why should it be placed in the hands of Congress ? 

23. Why should government determine the value of money ? 

24. What was necessary when metals were first used ? 

25. Why was it necessary that Congress should regulate the value 

of foreign coin ? 

26. What is said about the standard of weights and measures ? 

27. What is a bankrupt ? 

28. What is the object of bankrupt laws? 



LESSON 30. 
POWERS OF CONGRESS— Continued. 



IV. Penalties. 



f 1. Counterfeiting, i *" U - S ' 8ecuritie8 ' «• 
* ( 2. U. S. coin. 31. 

n ^ . „ , . . ( 1. Piracies. 35. 

2. Crimes on high seas. J 

} 2. Felonies. 35. 

3. Treason. 73. 



1. Counterfeiting. — Counterfeiting consists in mak- 
ing imitations of coin, bank-bills, or other securities, 
approaching so near to a likeness of the originals as to 
deceive a person of but ordinary experience. 



POWERS OF CONGRESS. 121 

1. IT. S. Securities. — The power to punish, or to prescribe 
the punishment as it is here to be understood, for counter- 
feiting the securities and current coin of the United States, 
is a necessity growing out of the power of Congress to 
coin money and to regulate its value. 

2. U. S. Coin. — We have seen that Congress has the 
sole power to coin money. It consists chiefly of gold and 
silver, and is struck at the mint in denominations adapted 
to the uses of commerce. 

Without the power to attach severe penalties to the 
crime of counterfeiting, the securities and coin of the 
United States would soon become comparatively worthless ; 
the country would be filled with spurious bills, bonds, and 
coin ; and it would not be long before money would cease 
to be a medium of exchange among the masses, who are 
unskilled in detecting the base from the genuine. 

2. Crimes on High Seas. — Congress is vested with 
power to define and punish piracies and felonies when 
committed on the high seas. In pursuance c £ this authority 
Congress has passed several acts on the subject. For 
instance, in 1820, the foreign slave-trade wus made piracy, 
punishable by death. From the foundation of our gov- 
ernment, until 1808, the foreign slave-trade was lawful 
commerce. Congress has the power to enlarge or contract 
the definition of piracy from its common-law meaning. Sir 
William Blackstone defines piracy at common law ta 
consist in committing those acts of robbery and depreda- 
tion on the high seas, which, if committed on land, would 
amount to felony. 

Felony is another word of common-law definition. The 
author last quoted defines it to be every species of crime 
which at common law occasioned the forfeiture of the 
lands and goods of the criminal ; and this happens most 
frequently in those crimes for which a capital punishment 
is or was inflicted. 
6 



122 CIVIL GOVERNMENT. 

Therefore, felony is a word of generic import and in- 
cludes many crimes ; such as, murder, larceny, arson, 
burglary, etc. The Constitution authorizes Congress to 
change this common-law definition of felony in cases 
where it may be necessary to do so. When committed on 
the high seas, it could not properly be left with the States 
to define it, as the jurisdiction of offenses not committed 
within State limits must necessarily be restricted to the 
Federal courts. 

The high seas embrace not only the waters of the ocean 
which are out of sight of land, but the waters on the sea- 
coast below low-water mark, whether within the territorial 
boundaries of a nation or of a domestic State. 

3. Treason. — The Constitution says that Congress shall 
have the power to declare the punishment of treason. 
This crime consists in levying war against the United 
States, or in adhering to their enemies, giving them aid 
and comfort. In 1790, Congress affixed to this crime the 
penalty of death. In 1862, Congress passed another act, 
punishing treason with death, or imprisonment for not less 
than five years, and a fine of ten thousand dollars, and the 
slaves of the party convicted to be free. This act was 
passed before the abolition of slavery in the United States. 



QUESTIONS, 



$9. What is counterfeiting ? 

**0. Why is punishment for this crime necessary ? 
%1. What is the power of Congress over piracies and felonies com- 
mitted on the high seas ? 
\2. What is piracy at common law ? 
\3. How is felony defined ? 
$4. What are the high seas ? 
fc5. What is treason ? 
86. What penalty has Congress attached to this crme r 



POWERS OF CONGRESS. 123 

LESSON 31. 
POWERS OF COJVGRESS-Continwed. 

„ _ 11. Post-offices. 32. 

V. Postal J 

( 2. Post-roads. 32. 

1. Post-offices. — The power to establish post-offices 
and post-roads is given to Congress by the Constitution. 
Nothing like a uniform postal system could have been 
established and carried on, had the matter been left to 
the several States. There would have been as many 
different postal systems as there are States. 

Under such a system, or rather, such a want of system, 
the burdens must be unequal. It is far more expensive to 
transport the mails in some parts of the country, mile for 
mile, than in others. Yet it is in a high degree important 
to the whole country that the forest and the prairie be 
subjected to the hand of cultivation. And who will 
become pioneer, if he must be shut out from all communi- 
cation with that world which he has left behind ? 

The general superintendence and direction of the post- 
office department is under the care of the Post-master 
General. He has the establishing of post-offices, appoints 
most of the post-masters, and has the letting of the con- 
tracts for carrying the mails. 

Some of the post-masters, in the larger offices, are 
appointed by the President by and with the advice and 
consent of the Senate. Formerly postage was at much 
higher rates than now. From the beginning of the postal 
system in this country down to 1845, the rates of postage 
on a letter weighing half an ounce or less, ranged from six 
to twenty-five cents, depending on the distance it was 
carried. For each additional half ounce or less an addi- 
tional postage was charged. 



124 CIVIL GOVERNMENT. 

From 1845 to 1851, the rates of postage were five cents 
for half an ounce or less, if carried less than three hun- 
dred miles, and ten cents if conveyed over three hundred 
miles. In 1851, the uniform rate of postage on letters 
not exceeding half an ounce was fixed at three cents, if 
not conveyed over three thousand miles and wholly within 
the United States. In 1870 the 3-cent rate was extended 
to include all points within the United States, the limit 
of 3000 miles being removed ; and in 1883 this rate was 
further reduced to two cents, taking effect Oct. 1 of that 
year. 

For letters sent to foreign countries, various rates have 
been established (higher than these), the rates depending 
on the countries to which the letters are sent. 

In 1790, there were but seventy-five post-offices in the 
United States. In 1882 there were upwards of 45,000. 
The aggregate number of miles traveled in carrying the 
mail, in 1790, was 7,365 ; in 1882, more than 150,000,000. 

It is encouraging to know, that, under the cheap post- 
age plan with which the American people are now favored, 
the post-office department is nearly self-sustaining. 

2. Post-roads. — A post-road is a road established as 
such by authority of law, over which the government 
mails are to be regularly carried. 

It has not been necessary, except in a few instances, 
that Congress should exercise their power to establish 
post-roads. Generally the roads already opened by the 
inhabitants of the country through which the mails are 
conveyed have been found sufficient. They are regularly 
selected, and declared, however, to be post-roads, before 
being used as such. The waters on our rivers and lakes, 
over which travel is public and regular, are, in many in- 
stances, established as post-roads in this way. 

The mails are carried by private individuals, or by 
railroad or steamboat companies, the contract being made 



TOWERS OF CONGRESS. 125 

with the Postmaster-General in behalf of the United 
States. He advertises for bidders, and lets the contract 
in each case to the lowest responsible bidder. Those who 
are in immediate charge of the mails are sworn to the 
faithful discharge of their duties. 

VI. Patent and Copyrights. 33. 

The Congress shall have power, the Constitution says : 

" To promote the progress of science and useful arts, 
by securing for limited times to authors and inventors, the 
exclusive right to their respective writings and discov- 
eries." 

Under the Confederation, the power did not belong to 
Congress to make provisions for patent and copyrights. 
From the very nature and character of the interest, these 
rights could not be protected by the several States to 
authors and inventors. For State legislation could not 
afford the necessary protection to authors ; as their legis- 
lation could only cover their own respective territorial 
boundaries. 

Copyright. — A copyright may be secured to authors 
for books, maps, charts, musical compositions, cuts and 
engravings, or for any other literary and scientific produc- 
tions. The copyright extends for twenty-eight years ; 
and if, at the end of that time, the author is still living, 
he may obtain its extension for fourteen years longer ; or, 
if dead, his living representatives may obtain its extension ; 
making in all forty-two years ; 

The expense of securing a copyright is but a trifle, — 
only about a dollar. When procured, it insures to the 
author during its continuance a monopoly of the publica- 
tion and sale of his work. 

Any one desiring to secure a copyright should write to 
the Librarian of Congress for a circular of instructions ; 
and he will receive one, without charge, by early mail. 



126 CIVIL GOVERNMENT. 

Patent-right. — Patents are issued by the Patent- 
Office at Washington, giving the inventor of any new and 
useful machine, instrument, manufacture, or composition 
of matter, or any new and useful improvement of them, 
the monopoly in their manufacture and sale for the term 
of seventeen years. 

This patent-right is secured to the inventor by the issue 
of what are called letters-patent. To obtain letters-patent 
the applicant must make a distinct specification, giving a 
full and complete description of his invention ; and, in 
cases admitting of drawings and models, these must be 
made, and all deposited with the Commissioner of Patents. 
The Patent-Office belongs to the Department of the In- 
terior. 

Letters-patent cost the patentee thirty-five dollars, 
fifteen of which must accompany the application ; the 
further sum of twenty dollars must be paid on their issue. 
The fifteen dollars that accompany the application will not 
be refunded, should letters-patent be refused. But it will 
be retained to pay for making search through the Patent- 
Office to ascertain whether there is not some conflicting 
patent already in existence. 

Circulars may be obtained, without charge, giving full 
information on this subject, by addressing the Patent- 
Office, requesting them to be forwarded by mail. 



QUESTIONS, 



87. Why should not the postal system be committed to the States 1 

38. Why should it be committed to Congress ? 

39. Under whose immediate care is the Post-Office Department ? 

40. How are post-masters appointed ? 

41. What were former rates of postage ? 

42. What changes have taken place in them ? 

43. How many post-offices in the United States ? 



POWERS OF CONGRESS. 127 

44. What is a post-road ? 

45. How are the roads established ? 

46. By whom are the mails carried and how are the contracts let* 

47. What does the Constitution say about patent and copyrights'? 

48. Why might not this subject be left with the several States? 

49. How long does a copyright continue ? 

50. What is the expense of obtaining it ? 

51. What is a patent-right ? 

52. What are the steps necessary to secure it ? 

53. What is the expense of letters-patent? 

54. How long does a patent continue ? 



LESSON 32. 
POWERS OF CONGRESS-Continued, 

1. Declaration. 36. 

2. Marque and Reprisal. 36. 

3. Captures. 36. 

4. Armies. 37. 

5. Navy. 38. 

6. Rules.— Land and Naval Forces. 39. 



VII. War. i 



/ 1. Organizing. 41. 

1. General control. ) 2 - *****; 4L , 

j 3. Disciplining. 41. 
7. Militia..) * ± Governing. 41. 

( 1. Laws of the Union. 40. 
. 2. Calling forth. •< -2. Insurrections. 40. 
( 3. Invasions. 40. 



1. Declaration. — A declaration of war is a solemn, 
formal, and deliberative notice to all the world in general, 
and particularly to the citizens of both nations involved, 
that hostilities actually exist, or are about to commence. 

The power to declare war is one of the ordinary prerog- 
atives of sovereignty. As we have no person in this 
country whom we acknowledge as sovereign, of course 
there is no one w r ho has the authority to declare war. 

In this country the will of the people, when clearly 



128 CIVIL GOVERNMENT. 

known, whether exercised by direct vote, or through the 
indirect forms of legislation, is the only sovereign to which 
the American people pay homage. Could that will, be 
definitely ascertained without delay, the power to declare 
war should be vested in the people, to be ascertained by 
direct vote. But this is utterly impracticable, hence the 
war-power is vested in Congress, that being the represen- 
tative body of the whole nation. 

When a formal and solemn declaration of war has been 
made by Congress, peace can be secured only through the 
negotiations of ambassadors or ministers representing the 
contending powers. After the ministerial or ambassadorial 
conference has agreed on the terms of peace, the power to 
accept or reject those terms on the part of the United 
States belongs to the President and Senate. It requires a 
concurrence of two-thirds of the Senators present to con- 
clude a treaty of peace. 

2. Marque and Reprisal. — The power to grant 
letters of marque and reprisal also belongs to Congress. 
These are sometimes issued by the government to prevent 
the necessity of a declaration of war. This may be done 
when the subjects of one nation have been injured or 
oppressed by another nation that refuses to grant indem- 
nity for the injury. 

Letters of Marque signify a license from the gov- 
ernment to pass beyond the limits or jurisdiction of 
one's own country ; and reprisal signifies a taking in 
return. Letters of marque and reprisal are a commission 
from the government authorizing the bearer to pass 
beyond the boundaries of his own country for the purpose 
of capturing prizes of the enemy, consisting of their per- 
sons or goods. 

In case it so happens in their conflicts that they are 
taken prisoners, they have the protection of their govern- 
ment that they shall be treated as prisoners of war ; and, 



POWERS OP CONGRESS. 129 

in case they should be treated otherwise, their own 
government would retaliate, 

3. Captures. — But it is necessary that rules should be 
adopted concerning captures made, whether on land or 
water. Congress is authorized by the Constitution to 
make these rules, which, when made, become laws the 
same as any other laws ; and, for the purpose of enforcing 
them, courts of admiralty have been established, whose 
business it is to inquire into the legality of the course 
pursued in taking these prizes. 

The remedy for illegal acts of capture is by the institu- 
tion of proper prize-proceedings in the prize-courts of the 
captors. 

4. Armies. — The other war-powers vested in Congress 
would be utterly useless without the power to raise and 
support armies. 

The Constitution says that Congress shall have power to 
raise and support armies ; but that no appropriation of 
money to that use shall be for a longer term than two 
years. 

The army is created by enlistments under the Acts of 
Congress. The enlistment is for five years in the regular 
army. In November, 1882, this branch of the military 
service numbered a little over twenty-three thousand men. 

5. Navy. — Congress has the power to provide and 
maintain a navy. The navy consists of the entire number 
of ships-of-war, considered collectively, belonging to a na- 
tion or people. A navy is necessary for the protection of 
our fisheries, commerce, and navigation. We need it not 
only on the ocean but on our lakes, and on several of our 
rivers, and this even in time of peace. 

But, in time of war, a navy becomes indispensable to a 
people whose geographical position is like ours. Without 
it the necessary protection could not be afforded to the 
great commercial cities on our seaboard. Should an invad- 



130 CIVIL GOVERNMENT. 

ing army obtain possession of these they could demand 
contributions without stint or limit. 



QUESTIONS. 

55. What is a declaration of war ? 

56. What is the sovereign power in this country ? 

57. In whom is the power to declare war vested ? 

58. After a declaration of war, how can the terms of peace be 

settled? 

59. What are letters of marque and reprisal ? 

60. What protection do they afford ? 

61. What power decides on the legality of captures ? 

62. Who makes the rules concerning them ? 

63. What is the remedy for illegal captures ? 

64. What does the Constitution say about the power to raise and 

support armies ? 

65. How is the regular army created % 

66. What is the navy ? 

67. What is the necessity of a navy ? 



LESSON 33. 

POWERS OF COJVGRESS-Continued. 
VII. War — Continued. 

6. Rules. — Land and Naval Forces. — By the 
Constitution, Congress has power to make rules for the 
government and regulation of the land and naval forces. 

Nothing need be said to indicate the policy and necessity 
of vesting in Congress the power to make rules for the 
government and regulation of the land and naval forces. 
It naturally follows the power to raise and support armies, 
and to provide and maintain a navy. 

7. Militia. — General control. — Congress is authorized 
by the Constitution " to provide for organizing, arming, 



POWERS OF CONGRESS. 131 

and disciplining the militia, and for governing such part 
of them as may be employed in the service of the United 
States, reserving to the States, respectively, the appoint- 
ment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress." 

The country could not safely rely solely on its standing 
army for any and every emergency that might arise. The 
Constitution, therefore, gives Congress jurisdiction over 
the militia of the several States, and this power of provid- 
ing for organizing, arming, and disciplining them, as 
incidental to that jurisdiction. 

Congress is authorized also to make provision for gov- 
erning such part of the militia as may be employed in the 
service of the United States. Rigid discipline and gov- 
ernment have always been found necessary in the army, 
whether constituted of regulars or militia. This govern- 
ment must be uniform to be salutary. To be uniform, it 
must emanate from a single source. 

2. Calling forth. — There are three purposes for which 
Congress may provide for calling forth the militia : — 

1st. To execute the laws of the Union. 

2i. To suppress insurrections. 

3d. To repel invasions. 

The nation must have the means of maintaining its 
authority at home, and carrying on a foreign war. It is 
not according to the policy of our government to maintain 
a standing army sufficient to answer these purposes. 

The organization of the militia is maintained at an 
expense comparatively trifling when the advantages to the 
country are considered. It saves the immense cost of a 
large standing army in time of peace. The army of the 
United States numbers at the present time about thirty 
thousand. The standing armies of the European nations 
are much larger. 

The British army numbers about two hundred thousand 



13& CIVIL GOVERNMENT. 

men ; the Austrian army about seven hundred thousand 
men ; and the Russian army numbers about eight hundred 
thousand men. 

The organization of the militia system in this country 
is preferred for the following reasons : — 

1st. It is far more economical, as it costs but little to 
maintain it in time of peace. 

2d. In time of war, after an experience, of a few months 
in the field, they have proved themselves to be orderly and 
courageous to the last degree. 

3d. The militia constitute a standing and reserved force, 
subject to the call of the President of the United States 
under the laws of Congress. These laws define the emer- 
gencies under which he is authorized to bring into action 
this branch of our service. When called into the service 
of the United States, the President of the United States is 
commander-in-chief of the militia of the several States as 
well as of the standing army of the nation. 



QUESTIONS. 

68. What power has Congress over the militia? 

69. Why the necessity of this power ? 

70. For what purposes may Congress provide for calling forth tne 

militia ? 

71. What are the advantages of the militia system ? 

72. What is the number of our army as compared with some Eu- 

ropean armies ? 

73. Why is the militia system preferred in this country ? 



POWERS OF CONGRESS. 133 

LESSON 34. 
POWERS OF COJVGRESS-Continued. 

!1. Inferior Tribunals. 31 
2. Place of Trial. 71. 
3* Restrictions. 70. 

1. Inferior Tribunals. — The Constitution establishes 
a Supreme Court ; but it is left with Congress to organize 
that tribunal. The power is vested in Congress to estab- 
lish tribunals inferior to the Supreme Court ; and, as these 
tribunals constitute a part of the national judiciary, they 
will be considered in the chapter relating to that depart- 
ment of the government. These inferior tribunals consist 
of circuit and district courts. 

2. Place of Trial. — Congress has the power to deter- 
mine by law where the trials of crimes shall be held which 
are not committed within any State. Crimes committed 
within any State are to be tried in the State where they 
are committed, yet they may be committed on the high 
seas, or within the limits of unorganized territories. This 
clause of the Constitution gives Congress the power to 
provide for such cases. 

3. Restrictions. — The appellate jurisdiction of the 
Supreme Court is subject to such exceptions and regula- 
tions as Congress shall, from time to time, establish by 
law. This power will be noticed in treating of the ju- 
diciary, 

IX, Naturalization. 29. 

Naturalization is that legal process by which an alien or 
a foreigner becomes a citizen of the United States. Con- 
gress has exclusive control over this subject. They can 
determine the forms and the necessary steps to be adopted 



134 CIVIL GOVEENMEXT. 

in the process, and the time within which it may be com- 
pleted. 

An alien is one who is born in a foreign country, of 
foreign parentage. Children born in foreign countries 
of parents who are citizens of the United States absent 
from home on pnblic business are not aliens. 

Under the Confederation, each State determined foi 
itself the conditions on which an alien might become a 
citizen of the United States. Some required a shorter and 
others a longer period of time. If New Jersey required 
one year for naturalization and New York seven, the 
shortest way to become a citizen of New York would be 
through naturalization in New Jersey. For, a citizen of 
any State was a citizen of any other State in which he 
might become a resident. 

Congress having control of this subject under the Con- 
stitution, passed a law, in 1790, requiring two years, — in 
1795, five years, — in 1798, fourteen years, — and in 1802, 
that law was passed, which has been in force ever since, 
requiring five years to complete the process of naturaliza- 
tion. 

A soldier, having served one year in the U. S. army, 
and having obtained an honorable discharge, may become 
a citizen of the United States on making oath to these 
facts, and taking the oath of allegiance to our govern 
ment. 

As already stated, five years is the shortest possible time 
for naturalization. At the end of two years' residence in 
this country, the alien may make formal declaration of 
his intention to become a citizen. This he can do in any 
court having jurisdiction of the subject-matter. 

Three years from the time of declaring his intention he 
may again appear in court, take the oath of allegiance in 
the proper form, on which he is admitted to full citizenship. 
If this oath were adminstered in the county of Monroe, 



POWEKS OF CONGRESS. 135 

State of New York, to Thomas S. Wilson, an Englishman, 
it would be substantially as follows : — 

" I, Thomas S. Wilson, do solemnly swear that I will 
support the Constitution of the United States ; and that 
I hereby renounce and abjure all allegiance and fidelity to 
every foreign prince, potentate, state, and sovereignty 
whatever, and particularly to the Queen of England, of 
whom I am a subject. So help me, God. 

Thomas S. Wilson. 

Sworn to in open court, this eleventh day of June, 1874, 
before me, 

Charles J. Powers, Clerk of Monroe County" 

When a foreigner becomes naturalized, his children 
under twenty-one years of age, if residents of the United 
States at the time, become citizens without further for- 
mality. If a foreigner makes his declaration of intention 
to become a citizen of the United States, and dies before 
the time to become naturalized, his wife and children may 
become citizens at that time on taking the necessary 
oath. 



QUESTIONS. 

74. What power has Congress over the courts ? 

75. What power has Congress over places of trial ? 

76. What is naturalization ? 

77. What power has Congress over this subject? 

78. What is an alien ? 

< 9. How long does it take an alien to become naturalized ? 

80. What is the process of naturalization ? 

81, How does naturalization affect other persons of the same family \ 



136 CIVIL GOVERNMENT. 

LESSON 35. 
POWERS OF COJfGRESS-Contirmed,. 

C 1. Government. 79. 

2. Seat of Government. 42. 

3. Public Works. 42. 



X. Territory. \ 



4t. Alienation. 79. 
5. New States. 78. 



1 . Government. — Ownership of territory by a&y 
government, implies the right to govern it ; and the right 
to govern implies the right to make all needful rules and 
regulations for that purpose. Hence this provision of the 
Constitution : — " The Congress shall have power to dispose 
of and make all needful rules and regulations respecting 
the territory, or other property, belonging to the United 
States." 

Since the close of the Revolutionary War the general 
government has acquired, by one means and another, a 
vast extent of territory beyond the limits of the original 
States. 

First, by the liberality of the States owning it, the 
general government acquired that immense region known 
as the Northwestern Territory. This was before the 
adoption of the Constitution. 

Second, we acquired of France the Louisiana territory* 

Third, we purchased Florida of Spain. 

Fourth, Texas. 

Fifth, California of Mexico ; and, 

Sixth, the purchase of Alaska of the Russian govern 
ment. 

The extent of our territory now is over three times what 
it was at the adoption of the Constitution. It is about 
three million square miles. It is the duty of Congress to 



POWERS OF CONGRESS. 137 

adopt the necessary rules and measures to govern this vast 
territory, until such time as, by the increase of its popula- 
tion, it shall be divided and erected into independent 
States, and admitted into the Union. 

2. Seat of Government. — The constitutional pro- 
vision gives Congress the power : — 

" To exercise exclusive legislation in all cases whatsoever 
over such district not exceeding ten miles square, as may, 
by cession of particular States, and the acceptance of 
Congress, become the seat of the government of the 
United States." 

Under this clause, Judge Story says, the cession of the 
present District of Columbia w r as made by the States of 
Maryland and Virginia to the national government ; and 
the present seat of the national government w T as estab- 
lished at the city of Washington in 1800. That convenient 
spot was selected for this very purpose, by the exalted 
patriot whose name it bears. 

The District of Columbia was a tract of land ten miles 
square, belonging partly to Maryland and partly to Vir- 
ginia. That part of it obtained from Virginia was re-ceded 
to that State in 1846 ; so that now the District is confined 
to the Maryland side of the Potomac. 

Before the year 1800, the seat of government had been 
temporarily established at Philadelphia, Baltimore, Lan- 
caster and several other places. On account of the 
frequent changes the public suffered great inconvenience. 

3. Public Works. — The Congress has the same 
authority, by the Constitution, " over all places purchased 
oy consent of the Legislatures of the States in which the 
same shall be, for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings." 

Two steps are necessary to obtain a site for any of the 
foregoing purposes : first, the consent of Congress ; and 
second, the consent of the Legislature of the State in 



138 CIVIL GOVERNMENT. 

which the proposed site is. When the cession is made, 
the government comes into full possession ; and then 
Congress may exercise over such place exclusive legisla 
fcion. 

Unless the State of which such purchase is made re- 
serves the right, no legal State authority can be exercised 
in such places, even to the serving of writs of any kind, 
civil or criminal. But States usually make such reserva- 
tions ; but for which, these places might become retreats 
and asylums for fugitives from justice who may be guilty 
of crimes against State authority. Almost every State 
has more or less of these places within its limits subject 
to the jurisdiction of national authority. 

4. Alienation. — The power to dispose of the territory 
belonging to the United States has been discussed in 
another place, and therefore need not be repeated here. 
(See Townsend's Analysis of Civil Government.) 

5. New States. — " New States may be admitted by 
the Congress into this Uuion." Under the Confederation, 
Canada might have been admitted by " acceding to the 
Union, and joining in the measures of the United States." 
But the admission of any other British Province would 
have required the consent of nine States ; but they never 
made application. No power except that just specified 
was given to Congress in the Articles of Confederation to 
admit States into the Union. 

As there were immense tracts of vacant territory lying 
within the chartered limits of several of the States, the 
omission to confer this power on Congress was doubtless 
an oversight. 

This was a serious omission, as the events of our history 
since the adoption of the Constitution have proved. By 
the liberality of the States owning this territory it was 
early ceded to, and became the common property of the 
United States. These State cessions began with New 



P0WEBS OF CONGRESS. 13*) 

York in 1781, followed by Virginia, Massachusetts, Con- 
necticut, South Carolina, North Carolina, at various dates, 
and closing with Georgia in 1802. 

Since that time, as already stated in another place in 
this work, we have, by purchase and treaty, added im- 
mensely to the territory of the United States. 

It was foreseen by the authors of the Constitution, that 
this power to admit new States into the Union would soon 
become necessary ; and it was accordingly vested in 
Congress. Under this provision, twenty- five States have 
been added to the American Union, while we have terri- 
tory lying outside of the limits of the States sufficient to 
constitute thirty or forty more of the size of New York 



QU E ST I O N S. 

82. What does the ownership of territory imply ? 

83. What territory did our government acquire before the adoption 

of the Constitution ? 

84. What other territory have we since acquired ? 

85. What is the present extent of our territory ? 

86. What is the duty of Congress with reference to this vast terri- 

tory? 

87. What power does the Constitution give Congress over the 

District of Columbia ? 

88. Over what other places has Congress like authority ? 

89. How can these be obtained ? 

90. What reservations do States usually make over these places, 

and why 1 

91. What provisions did the Confederation make in regard to the 

admission of Provinces or new States ? 

92. At what dates did several of the States make cessions of tern 

tory to the United States ? 

93. How is the necessity of this power shown ? 



140 CIVIL GOVERNMENT. 

LESSON 36. 
POWERS OF CONGRESS-Continued. 

f 1. Elections, i L Membere of Congress. 15. 
( 2. Presidential Electors. 58. 
XI. States. J 2 . state Records . \ I- Method of proving. 74. 

( 2. Effect of proo£ 74. 
^3. Imposts and Duties. 53. 

1, Elections. — 1. Members of Congress. — It is left 
with the States to fix the times, places, and manner of 
holding their elections of Senators and Representatives in 
Congress ; but should they neglect to do this, Congress 
has jurisdiction over the whole subject, except as to the 
places of choosing Senators. 

Each State can consult its own local convenience with 
regard to these elections ; but it has no right to wholly 
neglect making the necessary provisions for holding them. 
Should it do so, and should other States follow the bad 
example, it is manifest that the affairs of government 
might suffer serious embarrassment, but for the provision 
giving Congress jurisdiction over the subject. It would 
be equivalent to a withdrawal of their representation from 
the national councils. This would be a violation of a 
fundamental principle of every sovereignty, which is an 
inherent right to provide for the perpetuity of its own 
existence. 

The power here given to Congress is simply discretionary, 
not mandatory ; and such a power must be vested some- 
where. It is primarily with the States ; but ultimately 
with the National Legislature. 

Congress has provided for the election of members of 
the House of Representatives by congressional districts ; 
and the day of their election is hereafter to be the same 
throughout the United States. 



POWERS OF CONGRESS. 141 

Recently they have exercised supervision to a limited 
extent over the manner of electing Senators. 

2. Presidential Electors. — The Constitution says : — 
" The Congress may determine the time of choosing the 
Electors and the day on which they shall give their votes, 
which day shall be the same throughout the United 
States." 

Jan. 23, 1845, Congress passed an act specifying that 
Electors should be elected the Tuesday next after the first 
Monday in the month of November of the year in which 
they are to be chosen. 

The first Wednesday in December after their election 
is, by law of Congress, the day fixed on which the Electors 
shall give their votes. Each State fixes by law the place 
where these votes shall be given, and they have generally 
designated the State Capitol. 

2. State Records. — The Constitution says with refer- 
ence to this subject : — " Full faith and credit shall be 
given in each State to the public acts, records, and judicial 
proceedings of every other State. And the Congress may, 
by general laws, prescribe the manner in which such acts, 
records, and proceedings, shall be proved, and the effect 
thereof." 

1. Method of Proving. — Under this clause of the Con- 
stitution, when a judgment is rendered by any State court 
in proper form, from which no appeal has been taken to 
any higher court within the time allowed for appeals, that 
judgment is conclusive ever after, between the parties to 
it, as to the matters in controversy. That judgment will 
be received in evidence when offered in any other court 
within the limits of the State within which it was ren- 
dered. 

Under this power, Congress has passed laws defining 
the manner in which they shall be authenticated, and the 
effect to be given to their authenticity. 



142 CIVIL GOVERNMENT. 

2. Effect of Proof — Congress has declared that they 
<mall have such faith given to them in every court within 
the United States as they have by law or usage in the 
courts of the State from which the records are taken. 

The effect, therefore, of the proof is this : — That a 
judgment obtained in a court of competent jurisdiction in 
one State is valid in every other State in the Union. 

3. Imposts and Duties. — By the Constitution, States 
are prohibited from laying any imposts or duties on im- 
ports or exports without the consent of Congress, except 
what may be necessary- for the execution of their inspec- 
tion-laws. 

If States should attempt to lay burdensome inspection- 
duties, Congress has the power to pass acts of revision, 
and, in case it becomes necessary, to control the whole 
subject. 

The subject of imposts and duties, we have seen, is 
exclusively under the control of Congress ; and, should a 
State attempt by some indirect method to lay duties or 
imposts, Congress has the higher right to control and 
revise its legislation. 

XII. Executive Vacancy. 60. 

If the office of President of the United States is vacated 
by death, or otherwise, the powers and duties of that office 
devolve on the Vice-President. But it is possible that 
both the President and Vice-President might be removed 
from office ; and the Constitution, therefore, provides for 
such a possibility in the following language : 

" The Congress may, by law, provide for the case of 
removal, death, resignation, or inability, both of the Pres- 
ident and Vice-President, declaring what officer shall then 
act as President, and such officer shall act accordingly 
until the disability be removed, or a President shall be 
elected." 



POWERS OF COXGRESS.^ 148 

Under this provision of the Constitution, Congress ha? 
provided by law that the President pro tempore of the 
Senate, and, in case there shall be no President of that 
body, then the Speaker of the House of Representatives, 
shall act as President until the disability be removed, or a 
President shall be elected. 



QUESTIONS. 

94. What power has Congress over State elections of members ? 

95. What is the duty of States as to these elections ? 

96. How has Congress provided for the election of Representatives ? 

97. What authority has Congress over the election of Presidential 

Electors ? 

98. When must Electors be elected, and when give their votes ? 

99. What does the Constitution say of State records ? 

100. What laws has Congress passed on this subject? 

101. What is the effect of judgments? 

102. What power has Congress over the laws of States in regard to 

imposts and duties ? 

103. What power has Congress over the power of Executive va- 

cancy? 

104. What law have they passed on the subject? 



LESSON 37. 

POWERS OF CONGRESS— Continued. 
XIII. Appointments. 64. 

The Constitution says : — " The Congress may by law- 
vest the appointment of such inferior officers as they think 
proper in the President alone, in the courts of law, or, 
in the heads of departments." 

These appointments are restricted to inferior officers. 
The Constitution does not say who are such. It is, there- 



144 CIVIL GOVERNMENT. 

fore, left to Congress to define this class. Neither the 
heads of departments, nor the judges of courts, nor am- 
bassadors to foreign countries, are inferior officers. They 
doubtless include clerks of departments, clerks of court, 
and some other officers. 



XIV. Constitutional Amendments. 81. 

Congress has no power to alter or amend the Constitu- 
tion ; but they can take the initiatory steps. They can 
submit propositions to the States for this purpose, when- 
ever, in the estimation of two-thirds of the members of 
both Houses, amendments become necessary. 

If two-thirds of both Houses deem it necessary that any 
amendments should be made to the Constitution, the 
amendment proposed is drawn out in due form under the 
direction of Congress and proposed to the Legislatures of 
the several States for their ratification or rejection ; or the 
proposed amendments may be submitted to State conven- 
tions called for that purpose. 

Or, on the application of the Legislatures of two-thirds 
of the several States, made to Congress, it is the duty of 
that body to call a convention whose business it shall be 
to propose amendments. 

It is further the duty of Congress, by whichever body 
the amendments shall be proposed, to declare whether 
they shall be submitted to State Legislatures or to State 
Conventions. 

When these new amendments are ratified by the Legis* 
latures of three-fourths of the States, or by conventions 
in three-fourths thereof, they become, to all intents and 
purposes, part of the Constitution. 

Thus far, fifteen Articles of Amendments have been 
adopted. These have all originated with Congress, and 
have been ratified by State Legislatures. 



POWERS OF CONGRESS. 145 

( 1 . Slave-trade . 44. 

XV. Slavery J 

( 2. AboUtion. 97. 

The Constitution, as it came from the hands of its 
authors, in 1787, recognized slavery as a State institution. 
True, the word slave, or slavery, is not in the instrument. 
These words were carefully and intentionally omitted* 

In the thirteenth Article of Amendments, the word 
slavery appears for the first time in the Constitution ; and 
that Article abolishes the institution throughout the Uni- 
ted States and their territories. 

This amendment gives Congress legislative authority 
over the subject. As four or five millions of men, women, 
and children, were suddenly transferred from slavery to 
freedom, it was presumed that national legislation would 
become necessary to protect them in their new condition. 
Congress has already exercised this power in the passage 
of several statutes on the subject. 



QUESTIONS. 

105. In whom may Congress vest the appointment of inferior 

officers ? 

106. What power has Congress over constitutional amendments ? 

107. When, and how, may it be exercised ? 

108. How many amendments have been adopted ? 

109. Where, and for what purpose, does the word slavery appear in 

the Constitution ? 



LESSON 38. 
POWERS OF CONGRESS-Continwed. 

XVI. General Law-making. 43. 

By the forty-third paragraph of the Constitution as 
numbered in this work, and which it is not necessary to 

7 



146 CIVIL GOVERNMENT. 

repeat here, it will be seen that the whole subject of 
law-making, for the purpose of carrying into effect the 
provisions of the Constitution, is vested in Congress. 

As it is impossible to specify in the fundamental law of 
a nation all the powers which, at some time, it may be 
indispensably necessary to exercise for the common good, 
this provision seems to be among the wisest to be found 
in the Constitution. 

Had the attempt been made to enumerate affirmatively 
all laws necessary and proper which Congress might pass, 
it must have resulted in failure. 

An eminent jurist says it would have rendered necessary 
a complete digest of all laws on every subject to which 
the Constitution relates. It must have embraced all 
future as well as all present exigencies, and been accom- 
modated to all times and all occasions, and all changes of 
situation and character. 

I 1. Frequency. 16. 

XVII. Meeting, ] c 1. By the Constitution. 16. 

(2. Time.|^ Bylaw ^ 

Constitution: "The Congress shall assemble at least 
once in every year ; and such meeting shall be on the first 
Monday in December, unless they shall by law appoint a 
different day." 

On extraordinary occasions, the President of the United 
States may convene either or both Houses of Congress. 
But a bad President might desire to have no Congress 
during his administration. In such case, there would be 
a practical demonstration of the necessity of the foregoing 
provision. 

Again, it seems necessary that the Constitution should 
contain some such provision, as, otherwise, the two Houses 
might not agree in reference to the time of assembling. 
By this provision, if they can not agree on any other time, 
they must meet the first Monday of December. 



POWERS OF CONGRESS. 147 

The place of meeting is not designated, and probably 
for two reasons : first, the seat of the national government 
had not been established at the time when the Constitution 
was formed ; and second, war or pestilence might at times 
interfere with the meeting at any place that might be 
named in the Constitution. 

In England the sovereign convenes and dissolves Par- 
liament at pleasure. 



QUESTIONS. 



110. What power does the forty-third paragraph of the Constitution 

give to Congress over general law-making ? 

111. How often, and when, must Congress meet? 

112. Why was it necessary the Constitution should specify a time 

of meeting ? 

113. Why is not the place of meeting named ? 



BLACKBOABD EXEBCISE. 



LA W- MAKING. 



1. Action in Congress. 24. 
First PrOCeSS. •{ 3. DeUvery to Executive. 
3. Executive Signature. 

1. Action in Congress. 24. 

2. Delivery to Executive, 

3. Executive Veto. 

4. Record of Veto. 

5. Reconsideration. 

6. Approval by Congress. 

7. Method of Voting. 

8. Record of Votes. 



Second Process. < 



Third Process. 



• 1. Action in Congress. 24. 

2. Delivery to Executive. 

3. Executive neglect. 
^ 4r. Effect of neglect. 



Orders, Resolutions, and 
Votes. 



f 1. Action in Congress. 25. 
3. Delivery to Executive, 
3. Executive Veto. 
<&• Subsequent Action. 



CHAPTEE XIII. 



LESSON 39. 
LAW-MAKING. 



"DY reference to paragraph 24 of the Constitution it 
will be seen that a bill may become a law through 
any one of the three following processes : 

First Process. 

1. The bill shall pass both Houses of Congress. 

2. It shall then be presented to the President. 

3. If he approve, he shall sign it. 

Second Process. 

1. The bill shall pass both Houses of Congress. 

2. It shall then be presented to the President. 

3. If he disapprove it, he shall return it, with his objec- 
tions, to that House in which it originated. 

4. That House shall enter objections at large on their 
journal. 

5. They shall proceed to reconsider it ; and if, after 
such reconsideration, two-thirds of the House shall agree 
to pass it, it shall be sent, with the objections, to the other 
House. 

6. The other House shall reconsider the bill ; and if 
approved by two-thirds of that House, it shall become a 
law. 



150 CIVIL GOVERNMENT. 

7. The votes of both Houses shall be determined by the 
yeas and nays in all such cases. 

8. The names of the persons voting for and against the 
bill shall be entered on the journal of each House respec- 
tively. 

Third Process, 

lo The bill shall pass both Houses of Congress. 

2. It shall then be sent to the President. 

3. He neglects to approve or return it. 

4. It becomes a law at the end of ten days (Sundays 
excepted), unless Congress, by adjournment within that 
time, prevent its return. 

A bill is the draft of a proposed law. It is usually, 
though not always, introduced by the chairman of the 
committee who properly has the subject-matter of the 
bill in charge. As to what committee will introduce it 
depends on the character of the bill. If it relate to com- 
merce, the committee on commerce would be the proper 
one to originate and introduce it. A bill may be amended 
by either House; but if amended by one House after having 
passed the other, it must be returned with the amendment 
to the House it had before passed for their concurrence. 

After it has passed both Houses it is sent to the Pres- 
ident of the United States for his approval and signature. 
He can not make or propose amendments. 

At any time during the pendency of a bill, amendments 
to it may be proposed, and passed, by either House. 

A bill in Congress must receive three several readings 
before it is put upon its final passage. No bill can be read 
more than once on the same day without the special per- 
mission of the House. The vote is taken on its third 
reading. The arguments for and against the bill, if any, 
are made before its third reading, or between its third 
reading and the taking of the vote. 



LAW-MAKES G. 151 

The second process of law-making is the one in which 
the President's veto, as it is commonly called, is interposed. 
To become a law in opposition to the President's objections 
requires a vote by yeas and nays of two-thirds of each 
House. So, the President's veto is only qualified — not 
absolute. 

This executive power may operate, and indeed it has 
sometimes, as a salutary check on hasty legislation. The 
Executive, not having participated in the rivalry of debate, 
and being quietly retired from the scenes of political 
strife, may be presumed to be better qualified to pronounce 
correct judgment than those who were active in the contest. 

The third process of law-making differs from the other 
two simply through the inaction of the President. If he 
neglect to sign and return the bill for ten days, Sundays 
excepted, it becomes a law as though it were signed by 
him — unless the Congress, by their adjournment, prevent 
its return, in which case it fails to become a law. 

Orders, Resolutions, and Votes. 

The Constitution says : — " Every order, resolution, or 
vote, to which the concurrence of the Senate and House 
of Representatives may be necessary (except on a question 
of adjournment), shall be presented to the President of 
the United States, and, before the same shall take effect, 
shall be approved by him, or, being disapproved by him, 
shall be re-passed by two-thirds of the Senate and House 
of Representatives, according to the rules and limitations 
prescribed in the case of a bill. " 

Were it not for this provision, Congress might exert 
their power in the form of orders, resolutions, or votes ; 
thus preventing the President from interposing his veto. 
They could thus substantially legislate in these forms 
without the sanction of the Executive, and without the 
necessity of a vote of two-thirds of each House. 



152 CIVIL GOVERNMENT. 



QUESTIONS. 

1. What is the first process of law-making ? 

2. What is the second process of law-making? 

3. What is the third process ? 

4. What is a bill? 

5. By whom is it generally introduced ? 

6. What is said about amendments ? 

7. What is done with the bill after it has passed both Houses? 

8. What may be done during the pendency of a bill ? 

9. What is said about the readings of a bill ? 

10. What is said about the President's veto ? 

11. What may be the effect of the veto power? 

12. Why is the President the best judge ? 

13. How does the third process of law-making differ from the first 

two? 

14. What does the Constitution say about orders, resolutions, votes ? 

15. But for this provision what might Congress do ? 



BLACKBOABD EXEBCISE. 



PROHIBITIONS ON THE UNITED STATES, 

„ m „ 11. Rebellion. 45. 

I. Habeas Corpus.^ 

( 2. Invasion. 45. 

II. Export Duties. 48. 
III. Inter-State Commerce. 49. 

!1. Drawing. 50. 
2. Published Statement. SO. 
3. For Armies. 37. 

V. Nobility. 51. 

!1. BUI of Attainder. 46. 
2. Ex-post-facto Law. 46. 
3. Attainder of Treason. 73. 

VII. Foreign Slave-trade. 44, 81. 

(1. Land-claims. 79. 
(1. Forbidden. -?2. Contracts. 82. 

VIII. Repudiation. \ (3. Public debt. 101 

( 3. Cnjoined. 101. 
tv t* .* t 1. Religious. 86. 

v> IX. Freedom. 1 

( 2. Civil. 86. 



CHAPTER XIV. 



LESSON 40. 
PROHIBITIONS ON THE UNITED STATES. 
I. Habeas Corpus. j " 



Rebellion. 45. 
Invasion. 45. 



CONSTITUTION : " The privilege of the writ of habeas 

corpus shall not be suspended, unless when, in cases 

of rebellion or invasion, the public safety may require it." 

The writ of habeas corpus is a writ of relief. A person 
may be wrongfully imprisoned before he is tried on the 
crime with which he is charged. He may be innocent or 
guilty ; but in either case it may happen that he is re- 
strained without the proper forms of law, and without 
sufficient legal authority. 

This is a kind of intermediate writ or proceeding under 
which the lawfulness of his imprisonment may be tested, 
between the moment of the prisoner's arrest and the time 
of final trial. Proceedings under this writ are not for the 
purpose of determining upon the guilt or innocence of the 
accused. But they are for the purpose of settling whether 
he is properly or improperly held for trial. 

Persons are sometimes unlawfully restrained of their 
liberty, though charged with no crime whatever ; as, im- 
properly holding a child in custody, or locking a person in 
a room. 



PROHIBITIONS OX THE UNITED STATES. 155 

The privilege of this writ is the birth-right of every 
American citizen. It is a kind of writ of inquiry ; and it 
is the duty of every court of competent jurisdiction to 
issue it on proper application. The only exceptions to 
this statement are those specified in the foregoing clause 
of the Constitution. 

If the court, on inquiry, decides that the prisoner is 
properly restrained, he is remanded to imprisonment ; but 
if improperly restrained, the court sets him at liberty. 

1. Rebellion. — Rebellion here means open, active hos- 
tility, and defiant opposition to the government. It is an 
uprising of a considerable portion of the citizens of a 
country against its authority. In cases of rebellion or 
invasion, it may be necessary to temporarily suspend the 
privilege of this writ. In such an emergency, oftentimes, 
the government knows not whom to trust. There may 
be well known leaders of organized opposition whose every 
act may be so veiled in secresy as to defy detection. Clear 
and tangible proof of their guilt, perhaps, can not be ob- 
tained, yet they are as well known to be secretly and 
earnestly opposed to the war measures of the government 
as though their hostility were of a more open and public 
character. If, on the arrest of such public enemies, they 
could avail themselves of the writ of habeas corpus, it 
might defeat the very ends of justice and render the gov- 
ernment unable to protect itself. 

The power of suspension of the privilege of this writ 
was vested by Congress in the President of the United 
States during the great rebellion from 1861 to 1865. 

2. Invasion. — Invasion, as used in the Constitution, 
means the entiy of a hostile force of a foreign nation into 
our territory. Under such a condition of things, the sus- 
pension of the privilege of this writ may be as necessary 
to the welfare of the government as in cases of rebellion. 



156 CIVIL GOVERNMENT. 



II. Export Duties. 48. 



Constitution : " No tax or duty shall be laid on articles 
exported from any State." 

The intention of this prohibition is to prevent taxing 
the interests of any State to its detriment, and giving 
undue advantages to others. The productions of some of 
the States are Very different from those of others ; and, 
were export duties allowed to be enforced, the burden of 
taxation wonld be as unequal as the exports. It would be 
impossible to so adjust export duties, were they allowed, 
as to distribute the burdens equally. 



QUESTIONS. 

1. Recite the 45th paragraph of the Constitution? 

2. Give a full explanation of a writ of habeas corpus ? 

3. Under this writ, what is don® by the court if the prisoner is 

improperly restrained ? 

4. What, if properly restrained ? 

5. What is rebellion? 

6. When, and why, may the privilege of this writ be suspended ? 

7. Who may suspend the privileges of this writ ? 

8. What does invasion here signify ? 

9. What does the Constitution say about export duties ? 

10. What is the intention of this prohibition ? 

11. What is said about State productions ? 



LESSON 41. 

PROHIBITIONS-Continwed. 

III. Inter-State Commerce. 49. 

Constitution : " No preference shall be given, by any reg 
ulation of commerce or revenue, to the ports of one State 
oyar those of another ; nor shall vessels bound to or from 



PROHIBITIONS ON THE UNITED STATES. 15? 

one State be obliged to enter, clear, or pay duties, in an- 
other." 

Although the power to regulate commerce among the 
States is vested in Congress, yet that power is coupled 
with these constitutional prohibitions : — No preference 
shall be given to the ports of one State over another ; nor 
shall entrance or clearance fees, or the payment of duties, 
be required in an intermediate State while vessels are 
passing from one State to another. 

A vessel bound to Philadelphia from Liverpool, in pass- 
ing Boston or New York, can not be compelled to enter, 
clear, or pay duties in either of the last two ports named. 
The duties must be paid in Philadelphia, the port to which 
the vessel is bound. 

( 1 • Drawing, 50. 
IT. Public Money. ■] 2. Published Statement. 50. 
(3. For Armies. 37. 

Constitution : " No money shall be drawn from the 
treasury but in consequence of appropriations made by 
law ; and a regular statement and account of the receipts 
and expenditures of all public money shall be published 
from time to time." 

" No appropriation of money to that use (to raise and 
support armies) shall be for a longer term than two years." 

1 . Drawing. — The object of this provision is to secure 
strict faithfulness in the public expenditures. Neither the 
Executive, nor the judiciary, nor the heads of departments 
nor even members of Congress themselves, can draw a 
dollar of the public money except by appropriations made 
by law. 

2. Published Statement. — This provision puts a 
salutary check on the possible profusion and extravagance 
of the national legislature. The people have the right to 
know how, and for what purposes, their money is expended. 



158 CIVIL GOVERNMENT. 

The heads of the departments must make an annual ex- 
hibit of their transactions respectively. 

3. For Armies. — The fear that the army might pos- 
sibly become a power too formidable to be consistent with 
the rights and liberties of the people, led to this constitu- 
tional limitation of army appropriations. Lest Congress 
may be extravagant in this direction, or the administration 
acquire too much power over the army, they are forbidden 
to make appropriations extending beyond the period of 
two years. 

A Congress lasts for but two years ; and, should they 
be profuse in their appropriations of army money, the 
people will be likely to correct the error in their election 
of the succeeding Congress. 

V. Nobility. 51. 

Constitution : " No title of nobility shall be granted by 
the United States." 

The government instituted in this country at the close 
of the Revolutionary War, and which took definite form 
in the Constitution of the United States, was intended to 
be characterized for republican simplicity. The theory of 
our institutions is, all citizens are equal before the law. 
Orders of nobility are forbidden in accordance with this 
theory. 

{ 1. Bill of Attainder. 46. 
VI. Penalties. K2. Ex-post-facto Law. 46. 

(3. Attainder of Treason. 73. 

1. Bill of Attainder. — Constitution: "No bill of 
attainder, or ex-post-facto law, shall be passed." 

A bill of attainder, which is here forbidden, is a phrase 
borrowed from England. It is a special act of the legis- 
lative body, inflicting capital punishment on a person for 
high crimes, without having been first convicted before a 



PROHIBITIONS OX THE UNITED STATES. 159 

court of law. This kind of proceeding was very common 
in England two or three hundred years ago. 

A person against whom such an act was passed was 
said to be attainted and outlawed. The victim's blood 
became so corrupted, that he could neither inherit anything 
from his ancestry, nor transmit by hereditary descent to 
his heirs. All his property, real and personal, was for- 
feited to the crown. 

2. Ex-post-facto Law. — An ex-post-facto law is one 
that is retroactive, and which makes an act criminal which 
was not so when committed ; or it increases the severity 
of the punishment which attached to the crime when it 
was committed. Both the United States and the several 
States are forbidden by the Constitution to pass such a 
law. 

3. Attainder of Treason. — Constitution: "No at- 
tainder of treason shall work corruption of blood, or 
forfeiture, except during the life of the person attainted." 

Treason is defined by the Constitution ; but its punish- 
ment by Congress. But this clause of the Constitution 
defines what penalties shall not attach to this crime. By 
the laws of England treason was punishable by death in 
many horrid forms. But the penalty was not limited to 
the death of the victim. By fiction of law his blood 
became so corrupted that all powers of transmission of 
property to his kindred were destroyed. But our Consti- 
tution forbids the punishment of the innocent for the 
crimes of the guilty. 

In affirmance of this clause of the Constitution, Congress 
has passed laws strictly limiting the punishment to the 
party convicted ; so that in no legal sense can it reach hi? 
posterity. 



1G0 CIVIL GOVERNMENT. 



QUESTIONS. 

12. What does the 49th paragraph of the Constitution say ? 

13. What is said of the payment of duties at intermediate ports ? 

14. What restrictions does the Constitution impose in regard tc 

the disbursement of public money ? 

15. What is the object of this provision ? 

16. What is said in regard to published statements ? 

17. By whom are the statements published? 

18. What is said of the appropriations for armies ? 

19. Why is the appropriation of money limited to two years ? 

20. What does the Constitution say of titles of nobility ? 

21. What is the theory of our government? 

22. What is said about bills of attainder, and ex-post-facto laws? 

23. What are they? 

24. What was the consequence of a bill of attainder in England ? 

25. What does the Constitution say about attainder of treason ? 

26. Who declares the pi^isbment for treason ? 



LESSON 42. 

PROHIBITION-Continued. 

VII. Foreign Slave-trade. 44, 81. 

As slavery and the slave-trade are entirely abolished, the 
clauses of the original Constitution relating to the slave- 
trade have long since become obsolete. They are inserted 
here merely as matter of history and not as of present, 
binding obligation. The following are the only clauses 
that refer to this subject : " The migration or importation 
of such persons as any of the States now existing shall 
think proper to admit shall not be prohibited by the Con- 
gress prior to the year one thousand eight hundred and 
eight ; but a tax or duty may be imposed on such im- 
portation, not exceeding ten dollars for each person." 



PROHIBITIONS ON THE UNITED ^STATES. 161 

There is another clause in Article V. of the Constitution 
which prohibits any amendment to the foregoing clause 
prior to the year one thousand eight hundred and eight. 
The student will find it in the 81st paragraph. After pre- 
scribing the manner in which the Constitution may be 
amended, it contains the following restriction, which refers 
to the clause just given in full : 

"Provided that no amendment which may be made 
prior to the year one thousand eight hundred and eight 
shall in any manner affect the first [and fourth] clauses in 
the ninth section of the first article." 

The word persons in the first foregoing quotation from 
the Constitution, is but another word for slaves. At the 
time of the adoption of the Constitution, slaves were held 
by authority of law in every State excepting Massachu- 
setts ; and the slave-trade, that is, importing negroes 
from Africa, was sanctioned by all, or nearly all, the 
nations of Christendom. 

But towards the close of the eighteenth century, the 
slave-trade began to excite a spirit of disapprobation ; and 
the conviction fastened itself on the consciences of men, 
that this traffic in human beings was repugnant to the 
principles of Christian obligation. Many of the great and 
good men who formed the Constitution of the United 
States shared in this conviction. 

Hence the foundation was laid in our Constitution, in 
the clause just given, by which the legality of the African 
slave-trade was to end in this country with the dawn of 
the year 1808. 

By Act of March 2, 180T, Congress prohibited, under 
severe penalties, the importation of slaves into the United 
States from and after Jan. 1, 1808. In 1818 another act 
was passed making the penalties more severe ; and in 
1820, Congress defined the slave-trade to be piracy anJ 
attached to it the penalty of death. 



162 , CIVIL GOVERNMENT. 

On the 18th of Dec, 1865, William H. Seward, Secre- 
tary of State, officially announced to the country that the 
thirteenth Article of Amendments had been ratified by 
the Legislatures of three-fourths of the several States, and 
had become, to all intents and purposes, a part of the 
Constitution of the United States. 

By that article, slavery was abolished throughout the 
United States, and in all places subject to their jurisdic- 
tion. 



QUESTIONS. 



27. What is said about slavery and the slave-trade ? 

28. When was the slave trade abolished by Congress? 

29. When was slavery abolished ? 



LESSON 43. 
PJiOHIJBITIOJVS-Continued. 

( 1. Land-claim*, ?9. 
( 1 . Forbidden. J 2. Contracts, fee. 
VIII. Repudiation. J (3. Public debt. 101. 

(2. Enjoined. 101. 

1. Forbidden. — 1. Land-claims. — The following is 
found in paragraph 79 of the Constitution : "Nothing in 
this Constitution shall be so construed as to prejudice any 
claims of the United States or of any particular State." 

This is a part of a clause in which the authority is given 
to Congress to dispose of territory belonging to the United 
•States. This provision relates to conflicting claims and 
unsettled titles to some parts of the Western Territory. 
The intention of this clause is to give assurance that the 
adoption of the Constitution shall in no way affect the 
validity of any claims to these lands, but that the rights 



PROHIBITIONS OX THE UNITED STATES. 163 

of parties interested shall be the same as they were under 
the Confederation. 

2. Contracts. — On the matter of repudiating contracts 
existing under the Confederation, the language of the 
Constitution is thus : " All debts contracted, and engage- 
ments entered into, before the adoption of this Constitu- 
tion, shall be as valid against the United States, under 
this Constitution, as under the Confederation." 

This clause is intended to give assurance to the creditors 
of the proposed new government that all just claims 
against the Confederation will be recognized and liqui- 
dated under the Constitution. 

This is in accordance with well-settled law, binding on 
all nations, notwithstanding any changes in their forms of 
government. 

3. Public Debt. — Constitution : " The validity of the 
public debt of the United States authorized by law, 
including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection and re- 
bellion, shall not be questioned." 

2. Enjoined. — Constitution : " Neither the United 
States, nor any State, shall assume or pay any debt or 
obligation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss or 
emancipation of any slave." 

The repudiation here enjoined, if such it is, w 7 as made a 
part of the fourteenth Article of Amendments so as to 
prevent all future Congresses and State Legislatures from 
making any attempt to legalize any State or individual 
contracts, express or implied, assumed in the interest of 
the great rebellion of 1861. 

Hundreds of millions of obligations of this character 
were contracted by the Southern Confederacy and by 
several of the States that espoused the cause of opposition 
to the United States. 



164 CIVIL GOVERNMENT. 

This clause operates as a severe pecuniary penalty upon 
those who had such faith in the success of the insurrection 
as to induce them to invest their means in Confederate 
bills and bonds. It is also intended to operate as a pre- 
mium for allegiance to the government and authority of 
the United States. It secures this end by exonerating 
debtors from all debts and obligations incurred in aid of 
the lost cause. 

No judicial tribunal, State or National, has power to 
render judgment in favor of parties seeking to enforce 
such demands. 

TV ._, , ( 1. Religious. 86. 

IX. Freedom. ] .f CA 

( 2. Civil. 86. 

1 . Religious. — Constitution : " No religious test shall 
ever be required as a qualification to any office or public 
trust under the United States." 

" Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof." 

2. Civil. — In paragraph 86 of the Constitution, Con- 
gress is expressly forbidden to pass any law abridging the 
freedom of speech or of the press. 

But this does not exonerate from personal and pecuniary 
responsibility any person who may speak slanderous words, 
or publish libelous matter against the fair fame of another. 
The law holds every man strictly amenable for the abuse 
of this freedom of speech and of the press. If men will 
slander and libel others, the law says they must pay for it. 

In the same paragraph of the Constitution, Congress is 
forbidden to pass any law denying the right of the peo- 
ple peaceably to assemble and to petition the government 
for a redress of grievances. This is what is called the right 
of petition. 

Constitution : " A well-regulated militia being necessary 
to the security of a free State, the right of the people to 
keep and bear arms shall not be infringed." 



PROHIBITIONS OX THE UNITED STATES. 165 

This paragraph of the Constitution refers to an organ- 
ization of the militia of the States. Fears have been 
expressed, that the liberty of the people might be de- 
stroyed by the perverted power of a formidable standing 
army. The militia, that might be called out at any time 
on a month's notice, would outnumber, twenty to one, any 
standing army in time of peace that will ever be tolerated 
in the United States. 



QUESTIONS. 

30. What are the clauses in the Constitution in reference to repu- 

diation ? 

31. What is the language of the Constitution enjoining repudiation ? 

32. Why is this repudiation enjoined? 

83. What does the Constitution say about religious freedom ? 

34. WTiat does the Constitution say about freedom of speech, and of 

the press, and of the right of petition ? 

35. What does it say about the right to bear arms? 

36. To what does this refer ? 

37. What is the utility of the militia system ? 



BLACKBOARD EXERCISE. 



RIGHTS OF STATES. 

\ 1 . House . 5. 

I. Representation.-^ 

(2. Senate. 8. 

II. Privileges of Citizenship. 75,98. 



III. State Amity. 74. 

( 1. By Dismemberment. 78. 

IV. New States.^ 

( 2. By Junction. 78. 

V. Election. 15. 

( 1. Militia Officers. 41. 

VI. Militia A 

I 2. Training Militia. 41. 

il. Government. 80. 
2. Invasion. 80. 
3. Domestic Violence. 80l 
, 1. From Justice. 76. 
[ 2. From Service. 77. 

1 • Rights enumerated. 94. 
| 2. Powers not Delegated. 95* 



VIII. Fugitives.^ 

IX. Reservations. \ 

(J 



CHAPTER XV\ 



LESSON 44. 
RIGHTS OF STATES. 



I. Representation.-! 



House. 5. 
Senate. 8. 



1. House. — Constitution: "The House of Represen- 
tatives shall not exceed one for every thirty thousand ; 
but each State shall have at least one Representative." 

This quotation from the Constitution is found in para- 
graph 5. It is not here declared that there shall be one 
Representative for every thirty thousand, but that the 
proportion shall not exceed that. The population of the 
United States has increased eight or ten fold since the 
adoption of the Constitution. It now numbers over fifty 
millions. 

Were the proportion of representation in the House at 
the present time one for every thirty thousand, the num- 
ber of Representatives would be over sixteen hundred, — a 
body far too numerous for the convenience of deliberative 
legislation. 

The ratio of representation is now one member for 
151,911 persons. (See page 66.) When there is a full 
membership of the House, under its present organization, 
it consists of three hundred and twenty-five members 
As the population increases from decade to decade, the 
proportion of representation must be correspondingly re- 
duced. 



168 CIVIL GOVERNMENT. 

Some of the States have not a population of sufficient 
number to give them the right to one Representative, that 
is, they have each less than one hundred fifty-one thou- 
sand. But the Constitution says that each State shall 
have at least one Representative. 

2. Senate. — Constitution : " The Senate of the United 
States shall be composed of two Senators from each 
State." 

This is an unamendable clause of the Constitution. Ry 
reference to paragraph 81, it will be seen that no State 
can, without its consent, be deprived of its equal suffrage 
in the Senate. 

The number of Representatives from any State depends 
on the population of that State. The large States, there- 
fore, have a greater number than the small States. The 
small States vigorously opposed this in the Convention 
that formed the Constitution. It was giving the larger 
States a great advantage in the House. But the opposition 
was withdrawn on the larger States consenting to equality 
of suffrage in the Senate, and that this provision should 
be unalterable. This is a right of States not to be voted 
away by majorities however large. 



QUESTIONS. 

1. What does the Constitution say about representation in the 

House? 

2. What has been the increase of the population of the United 

States? 

3. What would be the number of Representatives in Congress if we 

were now to have one for every thirty thousand ? 

4. Of how many members does the House consist ? 

5. What is the present proportion of representation? 

6. How is the Senate composed ? 

7. Why may not this be changed ? 

8. What compromise was made between the larger and smallei 

States ? 



EIGHTS OF STATES. 169 

LESSON 45. 

RIGHTS OF STATES— Continued. 

II. Privileges of Citizenship. 75, 98. 

Constitution : " The citizens in each State shall be en- 
titled Jbo all the privileges and immunities of citizens of 
the several States." 

"All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside." 

The purpose of these clauses is to create a general 
national citizenship. Perhaps it does not so properly 
come under the rights of States as the rights of citizens 
derived from the States. 

A person being a citizen in one State of the Union may 
remove to any other without prejudice to his social, 
pecuniary, or political rights in his new home. 

He may purchase, hold, convey, and inherit property, 
and enjoy all other rights arising from citizenship, the 
same as though he were born or naturalized in the State 
to which he migrates. 

III. State Amity. 74. 

Constitution : " Full faith and credit shall be given in 
each State to the acts, records, and judicial proceedings 
of every other State. 

By this provision, 

1st. A State has the right to demand of another State 
that its acts, records, and judicial proceedings, shall be 
respected, and that full faith and credit shall be given 
to them. 

2d. Individuals may demand the same, when that de- 
mand is necessary to the vindication of their rights. 
8 



170 CIVIL GOVERNMENT. 

3d. States on whom such demands are properly made 
are under obligations to heed and respect them. 

A judgment rendered by a court in Massachusetts, for 
instance, would be conclusive in New York, provided the 
courts of Massachusetts would hold it conclusive. 

ww* ™- ' ^, ( *• B y Dismemberment. 78. 

IV. New States. •< 

( 2. By Junction. 78. 

Constitution : "No new State shall be formed or erected 
within the jurisdiction of any other State ; 

Nor any State be formed by the junction of two or 
more States, or parts of States, without the consent of 
the Legislatures of the States concerned." 

1 . By Dismemberments—The first clause above was 
inserted by the Constitutional Convention to quiet the 
fears of the larger States that their territories might be 
dismembered for the purpose of increasing the number of 
States. 

Notwithstanding this guaranty to States against dis- 
memberment, the State of Virginia was dismembered in 
1863, and West Virginia, a part of the original State, was 
admitted into the Union as an independent State. But 
that was a revolutionary measure, growing out of the 
great rebellion, in which Virginia professed to secede 
from the Union, and enlisted in the cause of the Southern 
Confederacy. (See Townsend's Analysis of Civil Govern- 
ment.) 

2. By Junction. — No new State has ever been 
formed by the junction of two or more States. The 
second provision above was inserted to quiet the fears of 
the smaller States, that a junction of States might take 
place without their consent, and thus their sovereignty be 
destroyed. 



RIGHTS OF STATES. 171 



QU ESTIONS. 

9. What does the Constitution say about privileges of citizenship? 

10. What is the purpose of these clauses ? 

11. What is the consequence of this national citizenship ? 

12. What is said of State Amity? 

13. What authority does the provision give to States and individuals 1 

14. What are the prohibitions in regard to new States ? 

15. What is the object of the first clause ? 

16. What is said about West Virginia ? 

17. What is the object of the second provision ? 



LESSON 46. 

RIGHTS OF STATES— Continued. 

V. Election. 15. 

Constitution : " The times, places, and manner of hold- 
ing elections for Senators and Representatives, shall be 
prescribed in each State by the Legislature thereof ; but 
the Congress may, at any time, by law, make or alter such 
regulations, except as to the places of choosing Senators." 

This clause gives the regulation of the election of Sena- 
tors and Representatives primarily to the legislative 
authority of the several States. Should they fail to exer- 
cise it, however, or exercise it improperly,, the interests of 
the country would justify the interposition of Congress. 



•I 1 * 

(3. ' 



.. Officers. 41. 

VI. Militia.-! 

Training. 41. 



By the 41st paragraph of the Constitution, Congress 
has power : " To provide for organizing, arming, and 
disciplining the militia, and for governing such part of 
them as may be employed in the service of the United 
States, reserving to the States, respectively, the appoint- 



172 CIVIL GOVERNMENT. 

ment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress." 

1. Militia Officers. — As the national government is 
to depend on the several States for the militia, it seems 
proper that the officers who are to train and discipline 
them should be appointed by the States. This arm or 
power of national security is in some sense a local police 
force, a means of State defense, for the proper organiza- 
tion and discipline of which the several States are respon* 
sible to the national authority. 

2. Training Militia. — But in order that there may 
be uniformity of organization and discipline, it is left with 
Congress to prescribe the mode. In case of invasion by 
a foreign power, or a wide-spread rebellion, the militia of 
States distant from each other may be placed side by side 
in the same army. Hence the necessity of uniformity of 
discipline, and of its being under the direction of a single 
power, instead of being distributed among the several 
States. 

( 1 . Government, 80. 

VII. Federal Protection. < 2. invasion, so. 

(3. Domestic Violence. 80. 

Constitution : " The United States shall guarantee to 
every State in this Union a republican form of government, 
and shall protect each of them against invasion, and on 
application of the Legislature, or of the Executive (when 
the Legislature can not be convened), against domestic 
violence." 

1 . Government. — The United States is one great 
political family, and each State is a member of that fam- 
ily ; and each member has the right of protection from 
invasion without or insurrection within. » 

This is one of those State rights that give assurance of 
the stability and solidity of the State governments, as well 
as the perpetuity of the Federal Union. 



RIGHTS OF STATES. 173 

2. Invasion. — The States have the right of Federal 
protection against foreign invasion. They can not declare 
war, nor even engage in it as States, unless the danger is 
so imminent as not to admit of delay. For the surrender 
of this right, it is but reasonable that the national govern* 
ment should pledge its power to defend them. 

3. Domestic Violence. — Perhaps there is more dan- 
ger of insurrectionary outbreaks under a republican form 
of government, than under any other. Enjoying, as tho 
people do, a greater degree of freedom under this than 
under other forms of government, that freedom is corres- 
pondingly more liable to be abused. 

Our history has, in several instances, demonstrated this 
liability. Tho national aid has been invoked and Federal 
relief has been afforded to the States in several cases since 
the formation of our government. 



QUESTIONS. 

18. What does the Constitution say about elections ? 

19. What is the order in which this power is conferred ? 

20. What rights are reserved to the States in regard to the militia? 

21. Why is this reservation proper? 

22. Who prescribes the mode of discipline, and why? 

23. What does the Constitution say about Federal protection ? 

24. Of what does this give assurance ? 

25. How are the States restricted as to war? 

26. What pledge have the States for the surrender of this right ? 

27. What is said about danger of insurrection under a republican 

form of government ? 

28. What has our history shown as to this danger ? 



174 CIVIL GOVERNMENT. 

LESSON 47. 
BIGHTS OF STATES-Continwed. 



VIII.. Fugitives J *' 

( 2. 



1. From Justice. 76. 
From Service. 77. 



1. From Justice. — Constitution : " A person charged 
in any State with treason, felony, or other crime, who 
shall flee from justice, and be found in another State, shall, 
on demand of the Executive authority of the State from 
which he fled, be delivered up to be removed to the State 
having jurisdiction of the crime." - 

Provisions have been made by Congress to enforce the 
foregoing paragraph. An act was passed Feb. 12, 1793, 
by which, 

1st. The Executive of the State in which the crime is 
committed, must make demand for the return of the crim- 
inal on the Executive of the State, to which the criminal 
has fled. 

2d. The demand must be accompanied with a copy of 
the indictment against the criminal ; or, 

3d. By an affidavit made before a magistrate, charging 
the person demanded with having committed the crime, 
and having fled from justice. 

4th. The copy of the indictment, or the affidavit, must 
be certified by the Governor or chief magistrate making 
the demand, to be authentic. 

5th. When this is done, it is the duty of the Executive 
of the State to which the person has fled, to cause the 
accused to be arrested and secured. 

6th. It is the duty of the Executive causing the arrest 
to give notice thereof to the Executive making the de- 
mand, or to his agent. 

7th. Following these proceedings, the person charged 



EIGHTS OF STATES. 175 

with the crime is delivered over for trial to the State 
authorities from which he fled. 

2. From Service. — Constitution : " No person held 
to service or labor in one State, under the laws thereof, 
escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or 
labor, but shall be delivered up on claim of the party to 
whom such service or labor may be due." 

This paragraph refers to slaves exclusively. Acts of 
Congress have been passed and amended to enforce this 
provision. But they were all repealed in 1864 ; the next 
year after which, slavery was abolished in this country. 
This provision of the Constitution, therefore, is now super- 
seded. 

( 1. Rights Enumerated. 94. 

IX. Reservations. < 

( 2. Powers not Delegated. 95- 

1. Rights Enumerated. — Constitution: "The enu- 
meration in the Constitution of certain rights, shall not 
be construed to deny or disparage others retained by the 
people." 

In several paragraphs of the Constitution, certain rights 
are enumerated as reserved to the States ; and but for the 
foregoing provision it might possibly be inferred that all 
rights were surrendered by the States to the general 
government, except those included in such reservations. 
This amendment was adopted for the purpose of guarding 
against such possible construction. All such rights are 
reserved to the States, as are not expressly, or by neces- 
sary implication, taken away. 

2. Powers not Delegated. — Constitution: "The 
powers not delegated to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to 
the States respectively, or to the people." 

Cases of doubtful authority may arise between a State 



176 CIVIL GOVERNMENT. 

and the United States. This amendment to the Consti- 
tution furnishes a rule of interpretation in such cases. 

The powers of the national government are limited, 
being conferred by the people of the several States, and 
enumerated in the Constitution as far as practicable. Of 
course all the means necessary to carry into execution the 
spirit of the Constitution, are not, and could not be, 
expressly named. 

For instance, the power to regulate commerce is ex- 
pressly given to Congress ; and while some of the means 
to carry this power into effect are enumerated, they are 
not all specified. Nor is this necessary, for a power con- 
ferred always implies the right to adopt the requisite 
means to make that power effective. 



QUESTIONS. 

29. What does the Constitution say about fugitives from justice? 

30. What steps must be taken to secure the return of fugitives 

from justice? 

31. What is said about the return of fugitives from justice ? 

32. What does the Constitution say of the enumeration of certain 

rights therein ? 

33. What is the object of this provision ? 

34. What rights are reserved to the States ? 

35. What is said in the Constitution of powers not delegated ? 

36. What rule does this furnish ? 

37. What is said of the national powers ? 

38. What is said about powers, and means for carrying them into 

execution, being expressed ? 

39. What instance is given as an illustration ? 

40. What does a power conferred imply? 



BLACKBOAED EXEKCISE. 



STATE SUBORDINATION. 



r- I. State Obligations. < 



1. U. S. Constitution. 85, 
Amendments. 81. 



II. Supremacy of U. S. Authority. 83. 

il. State Legislators. 84 
2. State Executives. 84. 
3. State Judicial Officers. 84. 



CHAPTEE XVI. 



LESSON 48. 
STATE SUBORDINATION. 
I. State Obligations. \ ' , 

{ /w. A.] 



S. Constitution. 85. 
Amendments. 81. 



1. U. S. Constitution. — Constitution: "The ratifi- 
cation of the Conventions of nine States shall be sufficient 
for the establishment of this Constitution between the 
States so ratifying the same." 

The origin of the obligations of the States to the 
general government is founded in their assent to the 
Constitution of the United States. Before ratifying the 
Constitution, the States were at liberty to make their 
choice ; they could come into the Union, or stay out. 
Should they refuse their assent to the terms of national 
association, they would each be an independent political 



ITS CIVIL GOVERNMENT. 

division, having all the attributes and prerogatives of 
sovereign States. But, having accepted the terms of 
union, they became subordinate to the national authority. 
2. Amendments, — In the 81st paragraph, the Consti- 
tution provides for its own amendment. When an amend- 
ment is regularly made, being ratified by the Conventions 
or Legislatures of three-fourths of the several States, it 
must be obeyed by all the States, as, to all intents and 
purposes, a part of the Constitution. It is equally binding 
on the States that do not ratify it, as on those who do 
give it their sanction ; for, by coming into the Union, they 
solemnly agreed to the terms on which this Great Charter 
might be amended. 

II. Supremacy of U. S. Authority. 88. 

Constitution : " This Constitution, and the laws of the 
United States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made under the 
authority of the United States, shall be the supreme law 
of the land ; and the judges in every State shall be bound 
thereby, anything in the Constitution or laws of any State 
to the contrary notwithstanding." 

Here is a solemn declaration of the binding and supreme 
authority of the Federal government over all State au- 
thority, — 

1. Of the Constitution of the United States ; 

2. All laws made in pursuance of it ; 

3. All treaties made under it ; and 

4. In case of collision by authority between the United 
States, acting constitutionally, and any particular State, 
the former is supreme. And the judges of every State 
are bound to so interpret the law. Were State authority 
supreme, the national government would be characterized 
for weakness and imbecility. 



STATE SUBORDINATION. 179 

f 1. Slate Legislators. 84. 
III. Official Oath. •] 2. State Executives. 84 

(3. State Judicial Officers. 84. 

Constitution : " The Senators and Representatives be- 
fore mentioned, and the members of the several State 
Legislatures, and all Executives and judicial officers, both 
of the United States and of the several States, shall be 
bound by oath or affirmation to support this Constitution." 

We see by this passage that not only Senators and 
Representatives in Congress, and all executive and judicial 
officers of the United States must be bound by oath or 
affirmation to support the Constitution ; but that all 
members of the several State Legislatures and all State 
executive and judicial officers are required to assume the 
same obligation. 

This is but a reasonable requirement ; because the 
members and officers of the State governments have an 
essential agency in giving effect to the Federal Constitu- 
tion. 

The election of the President of the United States and 
Senators in Congress will depend, in all cases, on the 
Legislatures of the several States. 

In many cases the election of the House of Representa- 
tives may be effected by their agency. 

The Judges of the State courts will frequently be 
called upon to decide upon the Constitution and laws and 
treaties of the United States, and upon rights and claims 
growing out of them. Decisions ought to be uniform, as 
far as possible ; and uniformity of obligation will greatly 
tend to such a result. 

The executive authority of the several States may be 
often called upon to exert powers or allow rights given 
by the Constitution, as in filling vacancies in the Senate 
during the recess of the Legislature ; in issuing writs of 
election to fill vacancies in the House of Representatives ; 



180 CIVIL GOVERNMENT. 

in appointing officers of the militia ; and in the surrender 
of fugitives from justice. 



QUE ST IONS. 

1. Of how many States was assent to the Constitution required, to 

form the Union. 

2. What is the origin of the State obligation to the Federal Union ? 
8. Had they not ratified the Constitution, what would have been 

the condition of the States ? 

4. What was the result of their acceptance ? 

5. What provision does the Constitution make for its own amend- 

ment? 

6. On whom are the amendments binding ? 

7. What passage in the Constitution establishes the supremacy of 

the U. S. authority ? 

8. What would be the result if State authority were supreme ? 

9. What does the Constitution say about official oaths ? 

10. Why is the requirement reasonable as to State officers ? 

11. What depends on the Legislatures of the several States? 

12. What may be the duties of the State judges? 

13. What duties belong to State Executives ? 



BLACKBOARD EXERCISE. 



STATE P K OH IB I TIOKS. 
I. State Relations. 52, 54. 



1. Coining Money. 52. 
«. Bills of Credit. 52. 

3. Tender. 52. 

4. Contract Obligations. 5**> 



II. Commercial. < 



III. War. 52, 54. 

( 1. Bill of Attainder. 52. 

IV. Penalties J 

( 2. Ex -post- facto Law. 52, 

V. Nobility. 52. 



t VI. Duties J 1 ' 



1. Imports and Exports. 53. 
Tonnage. M. 



CHAPTEE XVII. 



LESSON 49. 

STATE PROHIBITIONS. 

I. State Relations. 52, 54. 

/CONSTITUTION: "No State shall enter into any 
treaty, alliance, or confederation." 

By the 54th paragraph of the Constitution, States are 
forbidden to enter into any agreement or compact with 
another State or with any foreign power. 

The Constitution intends to confer the whole treaty- 
making power upon the general government. It would 
not be safe to allow the States even to treat with each 
other. Were this permitted, two or more States might 
enter into a compact, not only quite adverse to the inter- 
ests of neighboring States, but also to the interests of the 
Federal Union. 

Were the States at liberty to treat with foreign powers, 
or neighboring States, they might enter into such arrange- 
ments as would interfere with those made by the general 
government at heme and abroad. 

If the States w^ere permitted to enter into treaties with 
foreign powers, the authority of the general government 
on the same matter would be at an end. 

Foreign powers might secure an advantage over all the 
States by securing the favor of one State. 



STATE PBOHIBITIONS. 183 

{1. Coining Money. 52. 
2. Bills of Credit. 52. 
3. Tender. 52. 
4=. Contract Obligations. 52. 

By the 52d paragraph of the Constitution, States are 
prohibited from exercising any of the following commer- 
cial powers : 

1. To coin money ; 

2. To emit bills of credit ; 

3. To make anything but gold and silver coin a tender 
in payment of debts. 

4. To pass any law impairing the obligation of con- 
tracts. 

1. Coining Money. — The power to coin money is 
confided to the general government. Were the States 
invested with it, the effect would be to multiply expensive 
mints, and diversify the forms and weights of the circu- 
lating coins. This would destroy all hope of uniformity 
of currency, and would seriously cripple and embarrass 
the interests of commerce. 

2. Bills of Credit. — The bills of credit as here re- 
ferred to, and which States are forbidden to emit, are 
engagements to pay money. At the close of the Revolu- 
tionary War, and for some years afterwards, the whole 
country was flooded Tfith a nearly worthless paper cur- 
rency. It was issued under the direction of Congress ; 
but it was expected that each State would redeem its 
proper proportion. But they did not do this, and it 
became utterly worthless as a medium of exchange. It 
is known in history as the " Continental currency." It 
amounted" in the aggregate to over three hundred and 
fifty millions. 

The States themselves had also, on their own account, 
largely issued similar bills of credit. At last it was hardly 
worth a penny on a dollar. 



184 CIYIL GOVERNMENT. 

This was the experience that led the authors of the 
Constitution to insert this clause. 

3. Tender. — The States are also forbidden to pass any 
laws making anything but gold and silver coin a tender 
in payment of debts. This prohibition has the same 
general object ir view as the preceding clauses. It is 
intended to give uniformity and stability to the currency 
of the country, and to establish confidence in commercial 
transactions. 

Though the States can not make any thing but gold and 
silver a legal tender, this prohibition does not apply to the 
general government. A large part of the present paper 
currency is made legal tender by a law of Congress, 
passed early in 1862. But this is a national medium of 
exchange, and the law authorizing its issue has been de- 
clared by the Supreme Court of the United States to be 
constitutional. 



QUESTIONS. 

1. Where does the Constitution place the treaty-making power? 

2. Why is it not safe to allow the States to treat with each other ? 

3. Why not with foreign powers? 

4. What commercial powers are the St^es forbidden to exercise ? 

5. What if the States were allowed to coin money ? 

6. What are bills of credit ? 

7. What is said about paper money at the close of the Revolu- 

tionary War ? 

8. What was expected of the States ? 

9. What was the result of their not doing this ? 

10. What was the amount of Continental currency? 

11. How far did it finally depreciate in value? 

12. What are the restrictions on the States about money tender? 

13. What is the object of this provision? 

14. What is said about our present paper currency ? 

15. What decision has the Supreme Court given on this ? 



STATE PROHIBITIONS. 185 



LESSON 50. 

STATE PROHIBITIONS-Continued. 
III. War. 52, 54. 

By the 52d paragraph, States are forbidden to grant 
letters of marque and reprisal ; and by the 54th, they are 
forbidden to keep troops or ships-of-war, in time of peace, 
without the consent of Congress, or engage in war unless 
actually invaded or in such imminent danger as will not 
admit of delay. 

These citations from the Constitution embrace all the 
restrictions imposed on the States in reference to making 
war. The power of making war, and of making treaties 
of peace, belongs exclusively to the general government. 

A State may be so situated that it may become indis- 
pensable to possess military forces to resist an expected 
invasion or insurrection. The danger may be too immi- 
nent to admit of delay ; and, under such circumstances, a 
State would have a right to raise troops for its own safety, 
even without the consent of Congress. 

_^ _ ... (1. Bill of Attainder. 52. 

IV. Penalties. •}_ _ . - _ _ 

(2. JLx-post- facto Law. 52. 

By the 52d paragraph, States are forbidden to pass any 
bill of attainder or ex-post-facto law. These are explained 
in the chapter Prohibitions on the United States. 

Bills of attainder and ex-post-facto laws are contrary to 
the first principles of the social compact, and of every 
principle of sound legislation. Congress is forbidden to 
pass them, as we have seen ; and for the same, if not for 
stronger reasons, the prohibition is extended to the 
States. 



186 CIVIL GOVERNMENT. 



V. Nobility. 52. 



By the same paragraph, the States are forbidden to 
grant any title of nobility. We have seen in another 
place that the United States are under the same prohibi- 
tion. 

Besides the' royal family in England, there are five 
orders of nobility : — Dukes, Marquises, Earls, Viscounts, 
ftnd Barons. These are all included under the general 
term lords, or peers. These titles descend to the heirs. 

It would be absurd to provide against the exercise of 
this power by the general government, and yet leave the 
States at liberty to exercise it. 

.__-_- 4- , . (1. Imports and Exports. 53. 

VI. Duties, i ^ KA 

( 2. Tonnage. 54. 

1 . Imports and Exports. — Constitution : " No 
State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may 
be absolutely necessary for executing its inspection-laws ; 
and the net produce of all duties and imposts, laid by any 
State on imports or exports, shall be for the use of the 
treasury of the United States." 

The restraint on the power of the States over imports 
and exports is enforced by all the arguments which 
prove the necessity of submitting the regulation of com- 
merce to the Federal councils. Imposts and duties were 
explained in treating of the Powers of Congress. 

Inspection-laws are not, strictly speaking, regulations 
of commerce. Their object is to improve the quality of 
articles produced by the labor of the country, and to fit 
them for exportation or for domestic use. These laws act 
upon the subject before it becomes an article of commerce. 

2. Tonnage. — States are also forbidden to lay any 
duty of tonnage without the consent of Congress. 

Tonnage-duty is a tax or duty laid on ships or vessels 



STATE PROHIBITIONS. 187 

in proportion to their cubical contents expressed in tons. 
A ton, expressed by measure, is forty-two cubic feet. 

In reference to the subject of duties generally, it was 
the intention of the authors of the Constitution to place 
it entirely under the supervision and control of Congress. 



QUESTIONS, 



16. What are the restrictions on the States in the 52d, 53d, and 54th 

paragraphs ? 

17. To whom does the war and treaty-making power belong ? 

18. When may a State raise troops without the consent of Con- 

gress ? 

19. What ss said of bills of attainder and ex-post-facto laws? 

20. What is said about titles of nobility ? 

21. How many, and what, are the titles of nobility in England ? 

22. By what other general names are they known ? 

23. What are the restrictions on the States about imports and ex- % 

ports? 

24. What is the object of inspection-laws? 

25. What is said about the duty of tonnage ? 

26. What is a ton in measure ? 



BLAOKBOAED EXEECISE, 



FEKSONAL MIGHTS. 

In Peace. 88. 



, I. Domicile. , 

f 2. In War. 



•I 1 * 

(2.: 



II. Searches and Seizures. 

- 1. Indictment. 90. 
, 2. Second Trial. 90. 

III. Judicial.-, 

3. Iiife, Liberty, and Property. 9©> 
4r. Private Property. 90. 

1. Accusation. 91. 
3. Jury Trial. 91. 

3. Witnesses. 90, 91. 

4. Counsel. 91. 

5. Bail. 93. 

6. Fines. 93. 
<. 7. Punishments. 98b 

1. Jury Trial* 92. 

V. Civil ActionSc , 

~ Second Trial 



IV. Criminal Actions. < 



bionsJ 

la. 

■\l: 



_ What is. 72. 

VI. Treason. , 

Conviction for. 78» 



OHAPTEK XVIII. 



LESSON 51. 
PERSONAL RIGHTS. 



[. Domicile. - ' 



In Peace. 

In War, 8! 



^CONSTITUTION : » No soldier shall, in time of peace, 
be quartered in any house without the consent of the 
owner ; nor in time of war but in a manner to be pre- 
scribed by law." 

1 . In Peace. — The place most sacred to every citizen 
is that one which he calls his home. The enjoyment of it, 
uninterrupted, is among the most sacred of personal rights. 
Arbitrary rulers, even in time of peace, are prone to tres- 
pass on this right, and in the very mode here forbidden. 

A man's house is his castle ; and in every land of law 
and order, it is the owner's right that it should be pro- 
tected. 

2. In "War. — But the necessities of war may sometimes 
require the sacrifice of private property, and individual 
rights, for the public good. In such cases, under our 
Constitution, just compensation must be made for the 
sacrifice of private property. In time of war it may 
become a public necessity, not only to quarter troops in 
private houses, but to convert churches, court-houses, and 
other public buildings, into barracks and hospitals. 



190 CIVIL GOVERNMENT. 

But invasion of private property must, under our gov- 
ernment, be strictly according to law. This would not 
be regarded as an encroachment, however, by any patriotic 
or reasonable man, but rather as cause for gratitude to 
his country. 

II. Searches and Seizures. 89. 

Constitution : " The right of the people to be secure in 
their persons, houses, papers, and effects, against unrea- 
sonable searches and seizures, shall not be violated ; and 
no warrants shall issue but upon probable cause, supported 
by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be 
seized." 

This provision requires no explanation. It is an affirm- 
ance of a well known principle of common law, recognized 
for ages. But it had been so frequently and so shamefully 
violated by despotic rulers for centuries, that our fathers 
thought it prudent to incorporate it among the earlier 
amendments to the Constitution. 



QUESTIONS. 

1. What does the Constitution say about quartering soldiers in 

private houses ? 

2. What is said about home and arbitrary rulers ? 

3. What do the necessities of war sometimes require ? 

4. What is said about compensation for private property ? 

5. What is said about unreasonable searches and seizures ? 

6. What conditions are necessary to the issue of warrants ? 

7. What is said of this provision ? 



PERSONAL RIGHTS. 191 

LESSON 52. 
PERSONAL RIGHTS— Continued. 



III. Judicial. 



1. Indictment. 90. 

2. Second Trial. 90. 

3. Life, Liberty, and Property. 90. 
4:. Private Property. 90. 



Constitution : " No person shall be held to answer for 
a capital or otherwise infamous crime, unless on a pre- 
sentment or indictment of a grand jury, except in cases 
arising in the land or naval forces, or in the militia, when 
in actual service, in time of war or public danger ; nor 
shall any person be subject, for the same offense, to 
be twice put in jeopardy of life or limb ; nor shall 
be compelled, in any criminal case, to be a witness 
against himself ; nor be deprived of life, liberty, or 
property, without due process of law ; nor shall private 
property be taken for public use, without just compensa- 
tion.' 5 > 

1. Indictment. — A capital crime is one that subjects 
the offender to the penalty of death. 

An infamous crime is one that exposes the criminal to 
the abhorrence and detestation of mankind, and to igno- 
minious punishment more or less severe. - 

An indictment is a written accusation or a formal charge 
made against a person for the commission of a crime, and 
is made by a grand jury on oath. -h 

A grand jury generally consists of twenty-three men. It 
requires a majority to find an indictment. They sit under 
the direction of court with closed doors, and are sworn to 
secresy in regard to their proceedings. The prosecuting 
attorney, being the law-officer for the State, draws up the 
indictment according to the forms of law. The foreman 
of the grand jury indorses on it the words, "A true bill? 



192 CIVIL GOVERNMENT. 

and signs his name under the indorsement. This must be 
done before the accused can be put on his trial. 

Crimes committed in the army or navy, or in the militia, 
when in actual service in time of war or public danger, 
are tried by court-martial, or by military commission, 
without going through with the formalities of an indict- 
ment. 

2. Second Trial. — Constitution : " Nor shall any 
person be subject, for the same offense, to be twice put in 
jeopardy of life or limb." This refers to second trials for 
the same crime. 

By the authority of this clause, no person having been 
once tried for a crime, whether found guilty or not guilty, 
if the jury agree on a verdict at all, can be put on his 
trial a second time for the same offense. But this state- 
ment must be taken with the qualification that the accused 
does not himself apply for a new trial. 
^ 3. Life, Liberty, and Property. — Constitution : 
" Nor be deprived of life, liberty, or property, without 
due process of law." 

The first object of human government is protection of 
* the citizen. This clause is inserted for the purpose of 
giving assurance that life, liberty, and property shall be 
held sacred in the eye of the law, and that the citizen 
shall not be deprived of either except through all the 
forms and substance of the regular administration of 
s justice. 

4. Private Property. — On the other hand, the public 
good which is paramount to private interest, often requires 
the appropriation of private property for the ends of gov- 
ernment, or for the greater good of the greater number. 
Where the public interests require it, private property 
may be taken by rendering a just compensation. 
^ What is just compensation in such cases is to be ascer- 
tained by such process of investigation as shall be fixed by 



PERSONAL RIGHTS. 



193 



law. It may be necessary to project a railroad, a military 
road, or to construct a canal ; or it may become necessary 
to appropriate private property for the support of an 
army. This may be done by authority of law, but not 
without just compensation to the owner of the property. 



QUESTIONS. 



8. Will you recite the fifth Article of Amendments to the Const!. 

tution ? 

9. What is a capital, and what an infamous crime ? 

10. What is an indictment ? 

11. What is a grand jury? 

12. What is said about their proceedings ? 

13. What is said about the trial of crimes committed in the army, 

navy, and militia ? 

14. What is said about second trials ? 

15. What is the first object of government? 

16. Why is this clause in regard to life, liberty, etc., inserted in the 

Constitution ? 

17. What does the public good often require? 

18. What is said about compensation for private property ? 



LESSON 53. 
PERSONAL RIGHTS-Continued. 

( 1. Accusation. 91. 

2. Jury Trial. 91. 

3. Witnesses. 90,91 

4. Counsel. Gl. 

5. Bail. 93. 

6. Fines. 93. 
^ 7» Punishments. 93. 



IV. Criminal Actions. { 



Constitution ; " In all criminal prosecutions, the accused 
shall enjoy the right to a speedy and public trial by an 
impartial jury of the State and district wherein the crime 
9* 



194 CIVIL GOVERNMENT. 

shall have been committed, which district shall have been 
previously ascertained by law ; and to be informed of the 
nature and cause of the accusation ; to be confronted with 
the witnesses against him ; to have compulsory process 
for obtaining witnesses in his favor ; and to have the 
assistance of counsel for his defense." 

We have here an outline of the rights of a party on 
trial for a criminal offense. In the first place, he is to 
be informed of the nature and cause of the accusation 
against him. This appears in the indictment, which is a 
written accusation made by the grand jury, on oath, at 
the suit of the government. 

The indictment must charge the time, place, and nature 
and circumstances of the offense with clearness and cer- 
tainty ; giving the accused full and definite notice of the 
charge, so that he may make his defense with all reason- 
able knowledge and to the best of his ability. 

2. Jury Trial. — The trial is by jury. This is a petit 
jury, consisting of twelve good and lawful men, against 
whom, and each of whom, no valid and legal objection 
can be raised. This jury must be impartial ; that is, it 
must be constituted of persons who have not already 
made up their minds on the guilt or innocence of the 
party accused. 

The jury shall be selected from the State and district 
in which the crime shall have been committed ; and the 
district shall have been previously ascertained, that is, 
determined by law. The selection of the jury from the 
State and district in which the crime is committed is 
supposed to secure fairness and impartiality on the trial. 

3. Witnesses. — By our Constitution, a man can not 
be compelled to testify against himself ; and this is in 
affirmance of a well-settled principle of common law. 

It is well known that in some countries not only are 
criminals compelled to give evidence against themselves, 



PERSONAL RIGHTS. 195 

but are subjected to the rack or torture in order to procure 
a confession of guilt ; presuming that innocence would 
vindicate itself by a stout resistance, or that guilt would 
make open confession. 

The accused has the right to compulsory process for 
obtaining witnesses in his favor. This is to secure impar- 
tiality of trial, and to give a fair opportunity of defense. 
This shall be done, if need be, at the expense of the gov- 
ernment itself though carrying on the prosecution against 
him. 

Not far back in English history, the prisoner at the bar 
was denied the privilege of calling witnesses to testify in 
his favor. But our Constitution makes wise provision 
against the possibility of such gross injustice. 

4. Counsel. — The accused shall also have the assist- 
ance of counsel for his defense. This means that he shall 
have a lawyer to assist him at the bar, to guard his rights, 
to defend him, to see that he has a fair trial, n_id that no 
injustice is done him. 

If he is unable to employ counsel of his own selection, 
it is the duty of the court to appoint one or more for that 
purpose at the expense of the government ; so careful is 
the law in this country of the rights of every American 
citizen. 

5. Bail. — Excessive bail shall not be required. Bail 
here means a bond of surety in a sum of money, signed by 
some responsible person or persons, promising that the 
accused shall appear and stand his trial in court when 
called for, or, if he does not, that the sum of money 
named in the bond shall be paid. On furnishing such a 
bond, the person is at liberty to go at large until the day 
of trial. If no such bond be furnished, the accused w T ill 
be shut up in jail, that his body may be held securely till 
the time cf tilal. 

Except in cases where the accused is charged with 



196 CIVIL GOVERNMENT. 

crime punishable by death, and a few others, he has a 
right to be discharged from custody, on giving the bail 
required by the court. 

This bail must not be excessive, but reasonable in 
amount. But for this humane provision in our Constitu- 
tion, it might be required in a sum so large that a person 
of ordinary means would be unable to procure it. Should 
a magistrate, under our Constitution, see fit to be thus 
cruel, the prisoner can obtain relief under the forms of 
law. 

6. Fines. — Excessive fines are forbidden. A fine is a 
pecuniary penalty imposed by a court upon a person for a 
criminal offense, or transgression of the law. 

7. Punishments. — Nor shall cruel and unusual pun- 
ishments be inflicted. This needs no comment, except the 
remark that history shows that despots in the dark ages 
taxed their fiendish ingenuity to invent punishments the 
most horrid, cruel, and revolting. And this prohibition 
is for the purpose of avoiding all possibility of a repetition 
of such cruelties in this country. 



QUESTIONS. 

19. Will you recite the sixth Article of Amendments ? 

20. Of what is this an outline ? 

21. What must the indictment charge ? 

22. What is a petit jury? 

23. What is said about their being impartial ? 

24. Where is the jury to be selected ? 

25. What is required of witnesses in some countries? 

26. To what has the accused a right ? 

27. What is the object of this? 

28. Of what have prisoners in England been denied ? 

29. What is said about the assistance of counsel ? 

30. What is bail, and what is said about it ? 

31. In what cases may the prisoner give bail? 

32. Why should not the bail be excessive ? 



PERSONAL RIGHTS. 19? 

33. What is said about fines ? 

34. What is a fine 1 

35. What is said about punishments ? 

36. WTiat is the object of this provision of the Constitution? 



LESSON 54. 
PERSONAL RIGHTS-Continued. 

■*/ ^- i * ^. \ *• Jury Trial. 92. 

\ . Civil Actions, i « „ , m . , _ 

(2. Second Trial. 92. 

Constitution : " In suits at common law, where the 
value in controversy shall exceed twenty dollars, the right 
of trial by jury shall be preserved ; and no fact, tried by 
a jury, shall be otherwise re-examined in any court of the 
United States than according to the rules of the common 
law." 

1 . Jury Trial. — Trial by jury has long been considered 
a sacred right even in civil controversies. In England 
this right was first recognized in the time of Alfred the 
Great, who established the proceeding in the ninth century. 
That noble ruler died in 901. 

The above amendment to the Constitution was early 
adopted to allay the fears of some of its opposers, that 
that instrument substantially abolished the right of jury 
in civil cases. These fears were grounded in the fact that 
this right was expressly secured therein in criminal cases. 

The language of the amendment applies only to cases 
in the common-law courts, not to courts of admiralty and 
maritime jurisdiction, nor to cases of equity, in which the 
courts determine both the law and the fact. 

If the matter in controversy be less than twenty 
dollars, a jury trial can not be claimed, being a matter of 
too little importance to warrant the expense of a jury trial. 

2. Second Trial. — When a matter in controversy has 



198 CIVIL GOVERNMENT. 

once been judicially settled by a competent court, that 
adjudication is a bar to any further judicial examination 
or proceedings, except according to the forma and usages 
of the common law. There must be an end somewhere 
to human controversy, and that end must be determined 
by legal principles and usage. 

The rules of common law here spoken of, under which 
matters of fact may be re-examined, refer to a continua- 
tion of the investigation by a successful motion for a new 
trial, on cause shown, or by writ of error, or by an appeal 
to another and higher tribunal. The parties have the 
right to exhaust all legal remedies before the controversy 
is to be considered as judicially settled ; but these remedies 
must be pursued according to common-law usage. 



QUESTIONS. 

37. What is the seventh Article of Amendments ? 

38. How is trial by jury considered ? 

39. By whom, and when, was jury trial established in England! 

40. Why was this amendment to our Constitution adopted ? 

41. To what courts does it apply, and to what does it not ? 

42. In what cases may jury trial be claimed ? 

43. What is said about second trial ? 

44. To what do the rules of common law refer ? 



LESSON 55. 
PERSONAL RIQHTS-Continued. 
VI. Treason. V' wlM * *■• "»■ • 

(2. Conviction for. 73. 

1. What is. — Constitution : "Treason against the 
United States shall consist only in levying war against 
them, or in adhering to their enemies, giving them aid 
and comfort." 



PERSONAL RIGHTS. 



199 



There are but two ways that treason can be committed 
against the United States, and these are defined with such 
precision as to leave no room for cavil or doubt. Levying 
war against the United States, or adhering to their ene- 
mies, giving them aid and comfort, is treason. 

Very early in our history, the Supreme Court of the 
United States had occasion to define what is to be under- 
stood by the phrase, " levying war." On that occasion, 
the court said : However flagitious may be the crime of 
conspiring to subvert by force the government of our 
country, such conspiracy is not treason. 

To conspire to levy war, and actually to levy war, are 
distinct ofienses. The second (levying war) must be 
brought into open action by the assemblage of men for a 
purpose treasonable in itself, or the fact of levying war 
can not have been committed. 

2. Conviction for. — Constitution : " No person shall 
be convicted of treason, unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. 

The Constitution is humane to the accused, in requiring 
the strictest proof for the establishment of his guilt. 
There must be two witnesses, at least, to the same overt 
act, unless the prisoner make confession in open court. 
Confessions out of court, though testified to by any num- 
ber of witnesses, are not sufficient. 

There must, as there should, be a concurrence of two 
witnesses to the same overt act, that is, open act of trea- 
son, who are above all reasonable exception. 



QU ESTIONS. 

45. What is treason against the United States ? 

46. In how many ways can treason be committed ? 

47. What decision has the Supreme Court given on the subject of 

" levying war." 

48. What is necessary for a conviction of treason ? 



BLACKBOARD EXERCISE, 



EXECUTIVE. 

I. In whom Vested. 55. 
II. Executive Term. 55. 

II. Citizenship. 59. 
2. Age. 59. 
3. Residence. 59. 

r l. Appointment. 56 



IV. How 

Elected. 



1. Electors. 



2. Number. 56. 



3. Proceedings. 



.4. In Congress. 



1. Meeting. 57. 

2. Voting. 57. 

3. Making lists. 57. 

4. Signing and certifying lists. 57 

5. Transmitting lists. 57. 

6. Directing lists. 57. 

1. Joint Meeting. 57. 

2. Opening Certificates. £ 

3. Counting Votes. 



2. House of Representatives. 

V. Oath of Office. 62. 
VI. How Removable. 67. 
VII. Salary. 61. 



g- 57. \ sJ 

ificates.57. V | 
tes. 57. ) £ 

r. f« 



1. Quorum. 57. 

2. Eligibility. 

3. Voting 57. 



VIII. Powers 
and Duties." 



1. MiUtary 



■it 



1. Army and Navy. 63. 
Militia. 63. 
fl. Departments. 63. 

2. Reprieves and Pardons. 63. 

3. Treaties. 64. 



4. Appointments 
^2. Civil. -(5, Messages. C6. 

6. Congress. 



1 1. Dip'omatie* 
1. General. J 2. Judicial. 

( 3. Other g. Wo 
. 2. Special. 65. 



( 1. Convocation. 66. 
. •< 2. Adjournment. 66. 
( 3. Veto. 24, 25. 



7. Reception. 66. 

8. Executor of the Laws. 66. 

9. Commissions. 66. 



CHAPTER XIX, 



LESSON 56. 

EXECUTIVE. 

I. In whom Vested. 55. 



CONSTITUTION: "The Executive power shall be 
vested in a President of the United States of 
America." 

Under the Confederation, there was no such officer as a 
President of the United States. There was an Executive 
Committee of thirteen, one from each State, having no 
power except during the recess of Congress. Congress 
possessed the Executive power while in session. 

Energy in the Executive is one indispensable character- 
istic in the definition of good government ; for the duty 
of this department is to see that the laws are faithfully 
and promptly executed. A feeble Executive implies a 
feeble execution of the government. A feeble execution 
is but another phrase for a bad execution ; and a govern- 
ment ill executed, whatever it may be in theory, must be 
a bad government in practice. 

The Convention that formed the Constitution delib- 
erated some time on the question whether to place the 
Executive power in the hands of one, or of several indi- 
viduals. It was believed by all, that in the hands of one, 
the Executive power would be more prompt and energetic; 
and this view settled the question. It is supposed to give 
a stronger sense of personal responsibility. 



202 CIVIL GOVERNMENT. 

If. Executive Term. 55. 

Constitution : " He shall hold his office during the term 
of four years." 

In the Constitutional Convention, the period for which 
the Executive should be elected, was a subject on which 
there was much debate and difference of opinion. 

The several periods of one, two, three, four, six, and ten 
years, each had its advocates — and some members were 
in favor of an Executive for life, or during good behavior. 
Four years, the term finally adopted, was the result of 
compromise. 

The Executive term should not be so short as to give 
no opportunity to test the utility of its measures ; nor, on 
the other hand, should it be so long as to allow a corrupt 
and obstinate Executive to afflict the country with perma- 
nent mischief and disaster. 

The Presidential term commences on the fourth day of 
March next after the President's election ; and in case of 
his death, removal, or resignation, during his term, the 
person who succeeds to the duties of the office serves the 
unexpired portion of the term only. 

President Grant, at his second inauguration, entered on 
the twenty-second Presidential term, since the adoption of 
our Constitution. 

( 1 . Citizenship. 59. 

III. Eligibility. -J a. Age. 59. 

(3. Residence. 59. 

Constitution : " No person, except a natural-born citizen, 
or a citizen of the United States at the time of the adop- 
tion of this Constitution, shall be eligible to the office of 
President ; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five 
years, and been fourteen years a resident within the 
United States." 



EXECUTIVE. 203 

1. Citizenship. — The Constitution requires that the 
President shall be a natural-born citizen of the United 
States, or a citizen at the time of the adoption of the 
Constitution. This is a necessary restriction, when we 
consider the sacredness of the trust committed to the 
charge of the Executive. 

Several of the sovereigns of Great Britain were persons 
of foreign birth. This qualification destroys any hopes 
that an intriguing foreigner might indulge of becoming the 
Chief Executive of our Republic. 

But, throughout the bloody struggle of the American 
Revolution, our fathers were greatly assisted by the aid 
of many citizens who were natives of other countries. It 
would have been ungenerous and ungrateful to have ex- 
cluded this class of citizens from all possibility of attaining 
to any office, however exalted, under a government which 
they had sacrificed so much to establish. 

But the clause giving eligibility to a citizen at the time 
of the adoption of our Constitution, though of foreign 
birth, has become practically obsolete by the lapse of 
time. 

The Executive is eligible to re-election without limita- 
tion. But thus far in our history no Executive has been 
elected to the office beyond the close of his second term. 

2. Age. — The age required was regarded as necessary 
to give the candidate for this office sufficient time to de- 
monstrate his character, and to enable his fellow-citizens 
to judge of his fitness for the high position of Chief Exec- 
utive of a great nation. The mental faculties are usually 
in full vigor at this age ; and opportunities must have 
been afforded for long public service, and for varied and 
large experience in the public councils. 

3. Residence. — A residence of fourteen years within 
the United States is required. It might be presumed that 
long and continued residence abroad would create not 



204 CIVIL GOVERNMENT. 

only indifference for the country of one's birth, but a par- 
tiality for the institutions of other countries with which 
he has long been familiar. 

This long residence in the United States is intended 
not only to give opportunity for an extensive acquaintance 
on the part -of his fellow-citizens with the candidate for 
this office, but also to furnish him with the requisite 
knowledge of the wants and institutions of the country. 



QUESTIONS, 



1. In whom is the Executive power vested ? 

2. In whom was it vested under the Confederation ? 

3. What does a feeble Executive imply? 

4. What does that imply? 

5. Give the views of the Convention on the unity of the Executive ? 

6. How long is the Executive term ? 

7. What variety of opinion was there on the Executive term ? 

8. When does the term commence ? 

9. What is the number of the present Executive term ? 

10. What are the conditions of eligibility ? 

11. Who might be President though foreign born? 

12. Why is the age named necessary ? 

13. Why is so long a residence required? 



EXECUTIVE. 205 

LESSON 57. 
EXECUTI VE— Continued, 

(1. Appointment. 56. 



I 2. Number. 56. 

fl.M 



IV. How 

Elected. 



Meeting. 57. 
I 2. Voting. 57. 
1. Electors, j ._ „ J 3. Making lists. 57. 

i 3. Proceedings. 1 . ° . 

4. Signing and certifying lists. 57. 

5. Transmitting lists. 57. 
(__ 6. Directing lists. 57. 



( I. Joint Meeting. 57. \ ^ 

U. In Congress, J 2. Opening Certificates. 57. V"| 

( 3. Counting Votes. 57. ) *• 



.' 1. Quorum. 57. ) ^ 
2. House of Representatives. - 2. Eligibility. 57. J. | 

(3. Voting 57. ) § 

There are but two ways of electing a chief magistrate 
of the United States. The first method is by Electors 
appointed for that purpose ; and if this method fails, the 
election devolves on the House of Representatives. We 
will consider the two methods. 

1. Electors. — In» the Convention that formed the 
Constitution, there were three methods proposed for elect- 
ing a President : — The first plan was, by the two Houses 
of Congress on joint ballot. The second was by Electors 
to be appointed by the several State Legislatures. The 
third was, and this prevails, to elect by Electors appointed 
in such manner as the several State Legislatures might 
direct. The Constitution gives Congress the power to 
determine the time of choosing the Electors. Congress 
has fixed by law that Electors shall be chosen throughout 
the United States, on the first Tuesday after the first 
Monday in the month of November of the year of the 
Presidential election. 

1. Appointment of Electors. — With a single exception 
the Electors in the several States are elected by the people 



>0G 



CIVIL GOVERNMENT. 



the same as Representatives in Congress. No Senator, 
Representative, or other person holding a place of trust 
or profit under the United States, can be an Elector of 
President and Vice-President. Thus the sense of the 
people more distinctly prevails than it would were the 
choice of President confided to persons holding other 
official positions. 

2. Number of Electors. — The number of Electors cor- 
responds with the number of Senators and Representatives 
fco which the States are respectively entitled in Congress. 
Thus each State has about the same influence in the elec- 
tion of President and Vice-President that it has in the 
national councils. 

3. Proceedings. — There are certain steps to be taken by 
the Electors after their appointment, which are definitely 
specified by the Constitution. 

1st. Meeting.— The first step to be taken by the Elec- 
tors after their appointment is, to meet in their respective 
States. By a law of Congress, the State Legislature is 
authorized to direct as to the place of meeting. This place 
is generally, perhaps in all cases, the capital of the State. 
The meeting of the Electors, by law of Congress, takes 
place on the first Wednesday of December next after they 
are chosen. All the electors meet on the same day. 

The meeting is a mere matter of form. They are ex- 
pected to cast their votes for the candidates of the political 
parties according to previous pledges. No discussion of 
the merits of the candidates takes place. The Electors 
are chosen wholly with refence to particular persons who 
have been put in nomination at a convention called for 
that purpose. This, however, is a gross perversion of the 
intention of the authors of the Constitution. It is the 
result of modern political party management. 

2d. Voting. — The votes must be given by ballot for 
President and Vice-President, one of whom, at least, shall 



EXECUTIVE. 20? 

not be an inhabitant of the same State with themselves. 
According to this provision, a State would lose its vote ii 
given for candidates, both of whom were citizens thereof. 
They shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as 
Vice-President. 

3d. Making Lists. — The Electors are required, by the 
Constitution, to make distinct lists of all persons voted for 
as President, and of all persons voted for as Vice-President, 
and of the number of votes for each. 

4th. Signing and Certifying Lists. — These lists are 
to be signed and certified by the Electors. 

5th. Transmitting Lists. — These lists are to be trans- 
mitted to the seat of the government of the United States. 
6th. Directing Lists. — These certificates are to be 
directed to the President of the Senate. 

By law of Congress, the Electors are to make and sign 
three certificates of all the votes given. They are to seal 
up these certificates and to certify on each that a list of 
the votes of their States respectively for President and 
Vice-President is contained therein. 

They shall appoint a person to take charge of and de- 
liver one of these certificates to the President of the Senate 
at the seat of government before the first Wednesday of 
January then next ensuing. 

Another of the certificates is to be forwarded forthwith 
by mail to the President of the Senate at the seat of gov- 
ernment. 

The third certificate is to be delivered to the judge of 
the district court in which the Electors assemble. 

4. In Congress. — It will be observed that the certificates 
are now in the hands of the President of the Senate, and 
the steps are to be taken for canvassing the votes. 

1st. Joint Meeting. — A joint meeting of the two 
Houses of Congress is then called ; and this takes placed 



208 CIVIL GOVERNMENT. 

by law of Congress, the second Wednesday of February 
following the reception of the certificates. The meeting 
is in the Hall of Representatives. 

2d. Opening Certificates. — "The President of the 
Senate shall, in presence of the Senate and House of 
Representatives, open all the certificates." 

3d. Counting Votes. — " The votes shall then be 
counted." The counting of the votes is done by tellers 
appointed for that purpose by the House and the Senate. 

These proceedings insure dignity, fairness, and impar- 
tiality in this important business. 

Result — Constitution : " The person having the great- 
est number of votes for President, shall be the President, 
if such number be a majority of the whole number of 
Electors appointed." 

But if no candidate shall receive a majority of the 
Electors appointed, the people have failed to elect a 
President ; and then, by the Constitution, the election of 
that officer devolves upon the House of Representatives. 

This occurred in the year 1825, and may occur at any 
election when there are three or more candidates running 
for the office. 



QUESTIONS. 

14. Kow many methods of electing a President, and what are they 7 

15. How many, and what plans were proposed ? 

16. How are Electors appointed ? 

17. Who may not be appointed Electors? 

18. Why is this ? 

19. How many Electors for each State ? 

20. What are the various steps required to be taken by the Electors ) 

21. What restrictions on the voting ? 

22. How must the lists be transmitted ? 

23. What are the steps to be taken for canvassing the votes in 

Congress ? 

24. What is the result ? 



EXECUTIVE. 209 

LESSON 58. 

EXECUTIVE-Continued. 

IV. How Elected— Continued. 

2. House of Representatives. — When the people 
fail to elect the Chief Executive, it seems proper to refer 
the matter for decision to the House of Representatives. 
This seems to be the most appropriate body, as the mem- 
bers of which it is constituted are chosen by the popular 
voice, and are the more immediate representatives of the 
people. 

1. Quorum. — Constitution : " A quorum for this pur- 
pose shall consist of a member or members from two-thirds 
of the States ; and a majority of all the States shall be 
necessary to a choice." 

A majority can transact the ordinary business of legis- 
lation ; but the election of a chief magistrate of the nation 
was regarded by the authors of the Constitution as a 
matter of such grave interest to the country, that they 
inserted this provision with unanimity. 

2. Eligibility. — When the election takes place in the 
House, the selection must be made from the persons 
already voted for by electoral vote. The House is not at 
liberty to take up a new candidate, but their selection 
must be confined to those receiving the highest numbers, 
not exceeding three, on the list of persons voted for as 
President. This provision is made for the purpose of 
excluding from the list all such persons as receive but a 
small number of the electoral votes. 

3. Voting. — In choosing the President by the House of 
Representatives, the Constitution requires that the votes 
shall be taken by States, the representation from each 
State having one vote. There is a greater chance of an 



210 CIVIL GOVERNMENT. 

election, when there are three or more candidates, in this 
mode, than there would be by a mere representative vote 
according to numbers, as the same divisions would probably 
exist in the popular branch as in their respective States. 

The vote must be taken by ballot. 

As a majority of all the States is necessary to a choice 
it might so happen that the House of Representatives 
would be unable to elect a President. For instance, were 
there three candidates before the House, one might receive 
the votes of fourteen States, and the other two the votes 
of twelve States each. In which case there would be no 
choice, as neither would have a majority of all the States. 
The House might continue to vote with the same, or 
nearly the same, result until the fourth day of the next 
March. At which time the House would lose jurisdiction 
of the subject, and could vote no longer. 

The Constitution makes provision for precisely this 
condition of things. The following would be the 

Result : — Constitution : " And if the House of Repre- 
sentatives shall not choose a President, whenever the 
right of choice shall devolve upon them, before the fourth 
day of March next following, then the Vice-President 
shall act as President, as in the case of the death, or (other 
constitutional disability, of the President." 

It will be seen, in considering the election of the Vice- 
President, that no possible contingency can arise to prevent 
the election of that officer. 



QU ESTIONS. 

25. What if no candidate is elected by this process ? 

26. What is a quorum for election in the House ? 

27. Why are so many required for a quorum ? 

28. To whom is the election in the Hous« confined ? 

29. Why is this so? 



EXECUTIVE. 211 

30. How are the votes taken ? 

31. How many votes are necessary to a choice ? 

32. How long may the House continue to vote if they do not suc- 

ceed in electing a President ? 

33. What if the House finally fail to elect ? 



LESSON 59. 

EXECUTIVE— Continued. 
V. Oath of Office. 62. 

Before the President enters on the execution of his office 
he is required to solemnly swear, or affirm, that he will 
faithfully execute the duties thereof, and, to the best of 
his ability, preserve, protect, and defend the Constitution 
of the United States. 

Mr. Justice Story says : This is a suitable pledge of his 
fidelity and responsibility to his country, and creates upon 
his conscience a deep sense of duty, by an appeal at once, 
in the presence of God and man, to the most sacred and 
solemn sanctions which can operate upon the human 
mind. 

VI. How Removable. G7. 

Constitution : " The President and Vice-President, and 
all civil officers of the United States, shall be removed 
from office on impeachment for, and conviction of, treason, 
bribery, or other high crimes and misdemeanors." 

This subject has been noticed in treating of the Senate 
of the United States. (See the author's larger work, 
" Analysis of Civil Government.") 

VII. Salary. 61. 

Constitution : " The President shall, at stated times, 
receive for his services a compensation, which shall neither 



212 CIVIL GOVERNMENT. 

be increased nor diminished during the period for which 
he shall have been elected ; and he shall not receive within 
that period any other emolument from the United States, 
or any of them." 

Without this clause, the Executive would be dependent 
for his support on the will of Congress. By securing 
their favor, his salary might be greatly enlarged ; and, by 
incurring their displeasure, it might be greatly diminished. 
His salary can not be changed during his term of office. 

From the beginning of the Executive office under our 
government to the close of President Grant's first term, 
1873, the salary was twenty-five thousand dollars a year. 
From the commencement of his second term, March 4, 
1873, it has been fifty thousand, and will probably perma- 
nently remain at that sum. In addition to his salary, 
which is fixed by law of Congress, he has the use of the 
White House, as the Presidential mansion is called. It is 
also furnished for him and taken care of, the grounds 
cultivated, his fuel and light provided, and many other 
things at the expense of the public treasury. 



QUESTIONS. 

34. What is the President's oath of office ? 

35. What does Judge Story say about this oath? 

36. How is the President removable ? 

37. What is the constitutional provision about his salary ? 

38. What is the advantage of this provision? 

39. What was the salary until President Grant's second term, and 

what is it now ? 

40. What is furnished him besides his money salary ? 



EXECUTIVE. 



213 



LESSON 60. 

EXECUTIVE— Continued. 



VIII. Powers 
and Duties J 



( 1. Army and Navy. 63. 

1. Military. | 2Mu . tia63 

1. Departments. 63. 

2. Reprieves and Pardons. 63. 

3. Treaties. 64. 

I 1. D'p'omaiie. 
( 1. General. J 2. Judicial. 

4. Appointments. J ( 3. others. w. 

( 2. Special. 65. 

2. Civil. -\ 5, Messages. 16. 

( 1. Convocation. 66. 

6. Congress. -| 2. Adjournment. 66. 
( 3. Veto. 24, 25. 

7. "Reception. 66. 

8. Executor of the Laws. 66. 
.9. Commissions. 66. 

1. Military. — Constitution: "The President shall be 
commander-in-chief of the army and navy of the United 
States, and of the militia of the several States when called 
into the actual service of the United States." 

It is not to be inferred from this clause of the Constitu- 
tion that the President is actually to take command in 
person in case of war. This is not the intention ; though 
he has the power were he so disposed. It might be proper 
that the President should actually place himself at the 
head of an army in the field, were he known to be an 
experienced and skillful military commander. 

He is the head of the army in the same sense that he is 
the head of the nation. He may control its general oper- 
ations and movements. He directs the application of the 
military force in the execution of the laws, in maintaining 
peace at home, and in resisting foreign aggression. These 
duties are of an executive character, and are properly 
vested in the President, that unity of plan, promptitude, 
activity, and decision, may be secured. 



214 CIVIL GOVERNMENT. 

For the same reasons, the Executive is made commander- 
in-chief of the militia of the several States when called 
into the actual service of the United States. In order 
that there may be unity of action, uniformity of training 
and discipline, and concert of purpose, it is necessary that 
regulars and- militia should be subordinate to a single head 

2. Civil. — 1. Departments. — Constitution : " He may 
require the opinion in writing of the principal officer in 
each of the executive departments on any subject relating 
to the duties of their respective offices." 

2. Reprieves and Pardons. — Constitution: " He shall 
have power to grant reprieves and pardons for offenses 
against the United States, except in cases of impeach- 
ment." 

A reprieve is the temporary suspension of the execution 
of sentence, especially the sentence of death. A pardon 
is the remission of a penalty, and a release of the offender 
from punishment. Reprieves may become necessary or 
expedient on account of doubts of guilt, arising from the 
discovery of new testimony after sentence, and before 
execution ; or considerations of public policy may require 
a like interference. The same reasons might justify the 
grant of a full pardon. 

Discretionary power over such cases should be vested 
somewhere, " as the law can not be framed on principles 
of compassion." The chief executive magistrate should 
be allowed to hold a court of equity in his own breast, to 
soften the rigor of the general law in such criminal cases 
as may merit an exemption from punishment, or as may 
properly plead for temporary delay of execution of sen- 
tence. 

There is no power under our government to extend 
pardon to a person convicted on impeachment. 

3. Treaties. — Constitution : " He shall have power, by 
and with the advice and consent of the Senate, to make 



EXECUTIVE. 215 

treaties, provided two-thirds of the Senators present con- 
cur." 

The definition of treaty will be found in the chapter on 
the Senate of the United States." 

In forming treaties, the entire plan, with all its condi- 
tions and stipulations, is settled through the President on 
the part of the United States. He acts through the 
agency of ambassadors and foreign ministers duly accred- 
ited by our government. 

The entire proposed treaty is submitted to the Senate 
by the President. The Senate discusses it in secret session. 
No treaty can be complete, on the part of our government, 
until ratified by the Senate. 



QUESTIONS. 

41. What is his military position? 

42. In what sense is he the head of the army ? 

43. What may he require of department officers ? 

44. What power has he over reprieves and pardons ? 

45. What are they ? 

46. When may they become necessary? 

47. What is said of pardon in cases of impeachment ? 

48. What power has he over treaties ? 

49. What is a treaty ? 

50. Who settles the plan of treaties on the part of government ? 

51. Through whom does he act? 

52. What is necessary to the completion of a treaty ? 



LESSON 61. 

EXECUTIVE-Continued. 

VIII. Powers and Duties — Continued. 

4. Appointments. — Constitution : " He shall nominate, 
and by and with the advice and consent of the Senate, 



216 CIVIL GOVERNMENT. 

shall appoint ambassadors, other public ministers, and 
consuls, Judges of the Supreme Court, and all other 
officers of the United States whose appointments are not 
herein otherwise provided for, and which shall be estab- 
lished by law." 

When nominations are made by the President, they are 
presented to the Senate in writing ; and this body acts 
upon them in secret session, and under the injunction that 
discussions on their merits or the qualifications of the 
nominees shall be kept secret. A majority of the Senate 
decides the question of confirmation or rejection of the 
candidate nominated. 

If the nominee is confirmed, or the nomination ratified, 
the President issues a commission accordingly, unless, in 
the mean time, he has concluded to decline it, which he is 
at liberty to do ; in which case, he may make another 
nomination. 

1st. General. — An Ambassador is a minister of the 
highest rank, employed by government to represent it, 
and to manage its interests, at the court or seat of gov- 
ernment of some other power. 

The word Minister, as used in the Constitution, has 
nearly the same signification as Ambassador, especially 
Minister Plenipotentiary. 

A Consul is a person commissioned to reside in a foreign 
country, as an agent or representative of a government 
to protect the rights, commerce, merchants, and seamen 
of the State, and to aid in any commercial, and sometimes 
in diplomatic transactions, with such foreign country. 

The Judges of the Federal Courts are the judicial 
officers, and are the only ones under our government 
whose appointments are for life, or during good behavior. 

The other officers include the heads of the several exec- 
utive departments, and constitute what is called the 
President's Cabinet. They are the Secretary of State, 



EXECUTIVE. 217 

Secretary of the Treasury, Secretary of War, Secretary of 
the Navy, Secretary of the Interior, Postmaster-General, 
and Attorney-General. They also include military officers. 

2. Special. — He is also authorized by the following 
clause of the Constitution to make special appointments 
to fill vacancies : 

" The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by 
granting commissions which shall expire at the end oi 
their next session." 

The power of the President to revoke any appointments 
made on his nomination and confirmed by the Senate, is 
denied by law of Congress ; though he has the power of 
suspension for a limited period. (See the author's Analy- 
sis of Civil Government, on this subject.) 

5. Messages. — Constitution : " He shall, from time to 
time, give to the Congress information of the state of the 
Union, and recommend to their consideration such meas- 
ures as he shall judge necessary and expedient." 

Under this clause the practice originated, and has 
continued, of delivering formal messages, annual and 
special, to Congress. The President has means of infor- 
mation on all subjects, foreign and domestic, far superior 
to those belonging to any other branch of the government. 

On account of his intimacy with the heads of depart- 
ments, he may be presumed to be in possession of valuable 
information regarding the workings of the laws, the 
systems of trade, finance, and the operations of the 
judiciary, military, naval, and civil establishments of the 
Union. He is, therefore, qualified to communicate infor- 
mation on these subjects in the most practical form, and 
to recommend such measures as may be necessaiy for the 
correction of any defects which may have become ap- 
parent. 

10 



218 CIVIL GOVERNMENT. 



QUESTIONS. 

53. What control has he over appointments ? 

54. How does he present his nominations to the Senate? 

55. How does the Senate act upon them ? 

56. What is an Ambassador ? 

57. What is a Minister ? 

58. What is a Consul ? 

59. What is said of Judges of the Supreme Court ? 

60. What are the other officers whom the President may nominate 

and appoint ? 

61. When may the President fill vacancies? 

62. What is the constitutional provision about messages ? 

63. What practice has grown out of this provision ? 

64. What are the President's means of information on the state of 

the Union ? 



LESSON 62. 

EXECUTIVE-Continued. 

VIII. Powers and Duties— Continued. 

6. Congress. — Constitution : "He may, on extraordinary 
occasions, convene both Houses, or either of them, and, in 
case of disagreement between them with respect to the 
time of adjournment, he may adjourn them to such time 
as he shall think proper." 

1st. Convocation. — Events may occur, entirely unfore- 
seen by the Congress at its last session, imperiling the 
interests of the country, and requiring the immediate 
convocation of that body. An event of this kind trans- 
pired in the month of April, 1861, from the date of which, 
hostilities became general between the North and the 
South. President Lincoln summoned Congress to meet 
the fourth day of the following July. 

The power to call a meeting of Congress must be vested 



EXECUTIVE. 219 

somewhere ; and that it should be committed to the dis- 
cretion of the Executive, all agree. 

2d. Adjournment. — It might be barely possible that 
Congress should fail to agree on the time of adjournment ; 
and, should such an exigency arise, the Executive seems 
the most suitable third party to interfere for the peace- 
able termination of the controversy. In England, the sov« 
ereign convenes and prorogues the Parliament. 

3d. Veto. — When a bill passes both Houses of Congress 
it is presented to the Executive for his signature. Should 
he approve it, he signs it ; but if not, he returns it, with 
his objections, to the House in which it originated. These 
objections are called the President's veto. 

But his veto is not absolute, — only qualified. For, if 
it shall be repassed by a vote of two-thirds of each House, 
it becomes a law notwithstanding the President's objec- 
tions. (See paragraphs of the Constitution, 24 and 25.) 

7. Reception. — Constitution : " He shall receive ambas- 
sadors and other public ministers." 

The reception of ambassadors and other public ministers 
is a recognition of the national character and standing of 
the countries which they represent. Their reception 
may, therefore, become a very nice and delicate question 
with the Executive. 

The Executive is not obliged to receive an ambassador 
or public minister, even though he comes clothed with 
proper authority from a nation with whom we are at 
peace, and which is recognized among the great family of 
nations. 

Although it requires the assent of the Senate, when 
that body is in session, to send an American minister to a 
foreign court, it does not require their assent to receive 
foreign ministers at our own capital. In such cases the 
President is the sole organ of recognition. (See author's 
Analysis cf Civil Government.) 



220 CIVIL GOVERNMENT. 

8. Executor of the Laws. — Constitution: " He shall 
take care that the laws be faithfully executed." 

This clause makes it the duty of the President faithfully 
to execute the laws of Congress. When a law has been 
passed by all the forms of legislation, he has no discretion. 
He must not only render obedience to the law himself, but 
must enforce its execution on all others. Were he to 
refuse, he would be guilty of a high misdemeanor, and 
might be removed from office by impeachment, and other- 
wise punished according to law. 

He has ample power to execute the laws, as, for this 
purpose, the whole military force of the country is at his 
command, and under his control. 

9. Commissions. — Constitution : " He shall commission 
all officers of the United States." 

A commission is a formal certificate of appointment 
issued by the proper authority. In this oase, it is signed 
by the President of the United States, and sealed by the 
Secretary of State with the great seal of the United States. 
The commission recites the powers conferred, with definite 
certainty ; and it is usually delivered to the person whose 
appointment is made by it, though delivery is not neces- 
sary to the validity of the appointment. 



QU ESTIONS. 

65. What does the Constitution say about his adjourning and coft 

vening Congress ? 

66. Why should this power be vested in the President ? 

67. What is said of his veto power ? 

68. What is said about the reception of foreign ministers ? 

69. Why should this duty be assigned to the President ? 

70. What if the President should decline to execute the laws ? 

71 . What power has he to execute them ? 

72. What is a commission ? 

73. Who commissions the officers of the United States ? 



BLACKBOARD EXERCISE. 



VICE- PRES ID ENT. 
I. Eligibility. 57. 

1. Ill Congress. 51, 



( 1. 

bion. < 

a. 



II. Election . 

In Senate. 57. 



III. Oath of Office. 84. 

IV. Term. 55. 

\ 1. President of the Senate. 11. 

v. v. Powers and Duties.^ 

2. Acting President of U. S. 60, *T 



ties J 



OHAPTEE XX. 



LESSON 63. 

VICE-PRESIDENT. 

I. Eligibility. 57. 



/CONSTITUTION: "No person constitutionally ineli-" 
gible to the office of President shall be eligible to 
that of Vice-President of the United States." 

If the Executive office becomes vacant, the Vice-Pres- 
ident performs the duties thereof. He should, therefore, 
have the same qualifications as President. These are, that 
he must be a natural-born citizen, or a citizen of the Uni- 
ted States at the adoption of the Constitution ; that he 
must be thirty-five years of age ; and, that he must have 
been fourteen years a resident within the United States. 

Three times in our history has a Vice-President been 
called to serve out an unexpired term of the Pres- 
idential office. William Henry Harrison, President, died 
April 4, 1841. John Tyler, then Vice-President, succeeded 
to the duties of the Executive office. Zachary Taylor, 
President, died July 9, 1850. He was succeeded by 
Millard Fillmore, then Vice-President. Abraham Lincoln 
died April 15, 1865, having been assassinated. He was 
succeeded by the Vice-President, Andrew Johnson. Pres- 
ident James A. Garfield died Sept. 19, 1881 ; and Vice- 
President Chester A. Arthur took the oath of office as 
President on the following day. 



VICE-PRESIDENT. 223 

In Congress* 57. 



-.£ 



II. Election 

' 3. In Senate. 57. 



Constitution : " The person having the greatest number 
of votes as Vice-President shall be the Vice-President, if 
such number be a majority of the whole number of Elec- 
tors appointed ; and if no person have a majority, then, 
from the two highest numbers on the list, the Senate shall 
choose the Vice-President : a quorum for the purpose 
shall consist of two-thirds of the whole number of Sena- 
tors ; and a majority of the whole number shall be necessary 
to a choice." 

1. In Congress. — The first part of this constitutional 
clause refers to the counting of votes and other proceed- 
ings in Congress. If no person receives a majority of the 
Electoral votes as Vice-President, of course the people 
have failed to elect that officer. The election must now 
go to the Senate of the United States. 

2. In Senate. — As just stated, if no person receives a 
majority of the Electoral votes, the Senate is to choose the 
Vice-President from the two highest numbers on the list 
as candidates for that office. This renders it scarcely pos- 
sible that the Senate should fail to elect that officer. 

As the Vice-President is the President of the Senate, it 
seems proper that the Senate should elect this officer in 
case of failure to elect by the Electors. 

The Senate has chosen but one Vice-President in our 
history. This was Richard M. Johnson, in 1837. 



QUESTIONS. 

1. To what office must the Vice-President be eligible ? 

2. Why should this be so ? 

ft. What are the three conditions of eligibility ? 
4. How many times, and in what instances, has the Vice-President 
been called to the Presidential office ? 



224 CIVIL GOVERNMENT. 

5. In what two ways may the Vice-President be elected? 

6. To what number is the Senate confined in the choice of this 

officer ? 

7. Why is it proper that the Senate should elect this officer ? 

8. What Vice-President was elected by the Senate ? 



LESSON 64. 

VICE-PRESIDENT-Continwed. 

III. Oath of Office. 84. 

The Vice-President is among the officers required to 
take the oath or affirmation, before entering on the duties 
of his office, to support the Constitution of the United 
States. 

IV. Term. 55. 

The official term is four years. The same reasons that 
governed in fixing the Presidential term at four years 
apply with equal force to the term of the Vice-President. 



V. Powers and Duties J 

(3. 



President of the Senate. 11. 
[ 2. Acting President ofU.S. 60, 57. 

1. President of the Senate. — Constitution: "The 
Vice-President of the United States shall be President of 
the Senate, but shall have no vote unless they be equally 
divided." 

The duties of the Vice-President as President of the 
Senate are such as usually devolve on the presiding officer 
of legislative bodies. He is to preside over the delibera- 
tions of the Senate, enforce the rules of order, maintain I 
due decorum among the members, and decide all questions] 
of parliamentary practice. 

The Speaker of the House of Representatives has the 
appointment of standing committees ; but the President 



VICE-PRESIDENT. 225 

of the Senate does not, as he is not a member of that 
body. 

He submits all questions, duly made, to the Senate, puts 
to vote all questions brought forward for discussion and 
decision, and makes known the result. 

2. Acting President of United States. — Consti- 
tution : " In case of the removal of the President from 
office, or of his death, resignation, or inability to discharge 
the powers and duties of the said office, the same shall 
devolve on the Vice-President." 

He is also to act as President, if the House of Represen- 
tatives shall fail to elect that officer when the right of 
choice shall devolve on them. 

When the Vice-President acts as President, which has 
been the case several times in our history, he has uni- 
formly been recognized as President, by both Houses of 
Congress. (See Analysis of Civil Government, by the 
author.) 



QUESTIONS. 

9. What is the nature of his oath of office f i 

10. How long is the term of the Vice-President, and why ? 

11. What are the powers and duties of the Vice-President? 

12. Wherein do his duties differ from those of the Speaker of the 

House ? 

13. In what cases do the duties of the Executive devolve on the 

Vice-President ? 

14. In such cases, what is his title of office ? 



BLACKBOARD EXERCISE 



j uniciAL. 



_ _ • ■ _ I 1. Supreme Court. ( 

r I. Where Vested. ^ 

( 2. Inferior Courts. 



( 1. President and 
f 1. How Appointed. -< 

( 2. Senate. 64. 

2. Oath of Office. 84. 

II. Judges. J 3 Tenure ot 0fflce 6a 

4. How Removable, 67. 
^ 5. Salary. 68. 

!1. Limitation. 69. 
2. Original. 70. 
3. Appellate* 70. 



CHAPTEE XXI. 



LESSON 65. 

JUDICIARY. 

Necessity of a National Judiciary. 

^PO establish justice was one of the principal objects, as 
expressed in the Preamble, to be secured by the 
adoption of the present Constitution of the United States. 
Hence it was necessary to create a national judiciary. A 
government having no judiciary that commands the respect 
of the people is wanting in one of the essential elements 
of stability. 

There was no national judiciary under the Confedera- 
tion ; and, of course, there were no national courts. The 
only courts were State tribunals. The State Legislatures 
often passed laws favoring their own respective localities, 
and State courts were too ready to disregard the decisions 
of co-ordinate tribunals of neighboring States. 

Treaties formed between the Confederation and foreign 
nations were recklessly disregarded by the State Legisla- 
tures as well as by the State courts. In several instances, 
this open disregard of the plighted faith of the nation 
threatened to involve the whole country in war. 

Laws were passed by the State Legislatures, in many 
instances,, in open defiance of the sacredness of private 



228 CIVIL GOVERNMENT. 

contracts between man and man. Remedies for the re- 
covery of debts were suspended. Debtors were authorized 
to tender any sort of property, even though nearly worth- 
less, in payment of debts that had been contracted to be 
paid in money. ^ 

Insolvent laws were enacted by some of the States, the 
effect of which, when applied to the relations of debtor 
and creditor, practically amounted to a complete discharge 
of indebtedness without consideration. 

Laws were also passed making the most unjust and 
invidious distinctions in favor of the citizens of the States 
enacting them, and against foreigners and citizens of 
neighboring States. In fact, the American judiciary be- 
came a matter of contempt at home, and of burlesque 
abroad. 

There were other evils that called loudly for remedy. 
Some related to the welfare of our foreign commerce ; 
some to the conflict of interests between citizens of differ- 
ent States ; some to the relief of foreigners who had given 
credit to our citizens ; others related to territorial disputes 
between different States ; and still others, to titles of 
lands under grants from different States. 

So loose and reckless had the legislative and judicial 
administration of affairs become, that it was conceded by 
all parties, that, unless some effectual remedy were applied, 
our political institutions must crumble into ruins. 



QUESTIONS. 

1. What was one of the objects of the Constitution? 

2. What necessity did this create ? 

3. What is said of a government having a feeble judiciary? 

4. What kind of courts were under the Confederation ? 

5. What did the State Legislatures and State courts do ? 

6. What was the result ? 



JUDICIAL. 229 

7. What danger appeared ? 

8. What kind of State laws were passed ? 

9. How did these affect creditors ? 

10. What distinctions were made in some of the State laws ? 

11. What other evils existed, arising from a defective judiciary 1 

12. What was the opinion of all political parties of that day ? 



LESSON 66. 
JUDICIAL. 

I. Where Vested A * Supreme C<mrt ' * 

( 2. Inferior Courts. 68. 

Constitution : " The judicial power of the United States 
shall be vested in one Supreme Court, and in such inferior 
courts as the Congress may, from time to time, ordain and 
establish." 

1. Supreme Court. — The Supreme Court is a part, 
and only a part, of the national judiciary. It is established 
by the Constitution, but organized by Congress. 

The Judges of the Supreme Court at present are one 
Chief Justice, and eight associate Justices, any six of whom 
constitute a quorum. 

Ever since this court was organized, September, 1789, 
it has had a chief justice. But the number of associate 
justices has been varied several times by acts of Congress. 
At first the number was fixed at five — March 3d, 1837, at 
eight — March 3d, 1863, at nine — April 10th, 1869, at eighty 
the present number. 

This court holds one term a year in the city of Wash* 
ington, beginning the first Monday of December. 

2. Inferior Courts. — The establishment of inferior 
tribunals would seem to result necessarily from the estab- 
lishment of a Supreme Court. Eecourse could not be had 



230 CIYIL GOVERNMENT. 

to the Supreme Court in all cases which might properly 
be subjects of Federal adjudication. 

It would be out of the power of any single court to 
dispose of the immense amount of business that would be 
sure to demand their attention. Without inferior tribu- 
nals easy of access, the sanctuary of justice would be 
closed to the great majority of American citizens. 

Under the authority to establish inferior tribunals, each 
State or district can have a Federal court or courts of its 
own, competent to the adjudication of all matters of Fed- 
eral jurisdiction within its limits. 

The United States are divided, for judicial purposes, 
into nine circuits, and these circuits into districts. Each 
judge of the Supreme Court is allotted to a circuit, and 
is required to attend at least one term of the circuit 
allotted to him once in every two years. 

A local circuit judge is also appointed for every circuit. 
Two sessions are held annually in most of the circuits. 
The circuit and district courts aforesaid, and the supreme 
court in the District of Columbia, which has a chief jus- 
tice and three associate justices, are, in the constitutional 
sense, inferior courts. 

Thus there are four classes of Federal courts : — 

1. The Supreme Court of the United States, established 
by the Constitution , but organized by Congress. 

2. The circuit courts of the United States, established 
and organized by Congress. 

3. The district courts of the United States, established 
and organized by Congress. 

4. The supreme court of the District of Columbia, also 
established and organized by Congress. 



JUDICIAL. 



231 



QU ESTIONS. 

1. Where is the judicial power vested? 

2. What is the Supreme Court ? 

3. How established and organized ? 

4. How many Judges of the Supreme Court ? 

5. When, and what, have been the changes as to justices? 

6. When, and where, does the court hold its term? 

7. What is the necessity of inferior courts ? 

8. How is the United States divided for judicial purposes? 

9. Who presides over circuit courts V 

10. What are the inferior courts ? 

11. What court in the District of Columbia, and what judges 

thereof ? 
13. How many, and what, classes of Federal courts? 



LESSON 67. 
JUDICIAL— Continued. 



( 1. President and 
1. How Appointed. j 2Senate>64< 



II. Judges. < 



2. Oath of Office. 84. 

3. Tenure of Office. 68. 

4r. How Removable. 67. 
^ 5. Salary. C8. 



1. How Appointed. — The mode of appointing the 
Judges has been noticed in treating of the Executive 
powers. The power is expressly given to the President 
in the Constitution, by and with the advice and consent 
of the Senate, to appoint the Judges of the Supreme 
Court ; but nothing is said therein about the method of 
appointing the judges of the inferior courts. There is no 
question, however, with regard to the judges of the circuit 
courts ; for they are Judges of the Supreme Court also. 

But whether the judges of the district courts, and the 
supreme court of the District of Columbia, are inferior 



232 CIVIL GOVERNMENT. 

officers in the constitutional sense, so that Congress 
may provide for their appointment, has never been 
settled by adjudication. But, thus far, the uniform prac- 
tice has been to regard them not as inferior officers ; but 
their appointments have been made by the President, 
with the concurrence of the Senate, the same as Judges 
of the Supreme Court. 

2. Oath of Office.— The oath of office of all Federal 
judicial officers is the same as that of officers of the other 
departments of government ; that is, that they will sup- 
port the Constitution of the United States, and, to the 
best of their ability, perform the duties of their respective 
offices. 

3. Tenure of Office. — For reasons well known to the 
experienced lawyer and jurist, the tenure of office of the 
judges should be made permanent and secure, depending 
only on their good behavior. 

When the Constitution was before the people for their 
consideration one of the most gifted statesmen of that day 
gave his views on this subject in the following language : 

1st. That they may be independent and fearless in the 
discharge of their responsible duties, it is necessary that 
they should hold by the will of no man, or set of men. 
They must feel dependent on no earthly power for their 
continuance in office. After appointment, were they in 
any manner dependent on Executive, legislative, or pop- 
ular favor, the scales of justice might be doubtfully bal- 
anced, and confidence in the judiciary would be seriously 
disturbed. 

2d. This independence could hardly be expected from 
judges who hold their offices by a temporary tenure. 
Periodical appointments, however regulated, or by whom- 
soever made, would be fatal to their necessary independ- 
ence. 

3d. If the power of making them were committed either 



JUDICIAL. 233 

to the Executive or Legislature, there would be danger of 
an improper complaisance to the branch which possessed 
it ; if to both, there would be an unwillingness to hazard 
the displeasure of either ; if to the people, there w~ould be 
too great a disposition to consult popularity, to justify a 
reliance that nothing would be consulted but the Consti- 
tution and the laws. 

4. How Removable. — The subject of removal of 
Federal officers by impeachment has been fully considered 
in other places in this work. The Judges of the Supreme 
and inferior courts are subject to removal for impeachable 
offenses. 

5. Salary. — Provision is wisely made, that, as the 
judge's salary is at the time he enters on the duties of his 
office, so it shall continue to be throughout his official 
existence, unless Congress shall see fit to increase it. In 
other words, it can not be diminished. To -allow the 
legislative authority to diminish the salaries of the judges 
would be to give that authority control over their support; 
and to control their support is to control their will. 

The salary of the Chief Justice is ten thousand five 
hundred dollars a year; that of the associate justices ten 
thousand dollars each. 

The constitutional provision in reference to this subject 
is as follows : 

" The judges, both of the Supreme and inferior courts, 
shall hold their offices during good behavior ; and shall, 
at stated times, receive for their services a compensation, 
which shall not be diminished during their continuance ks 
office." 



QUESTIONS, 



13. By whom are the Judges of the Supreme Court appointed ? 

14. By whom are the Judges of the other courts appointed? 



234 CIVIL GOVERNMENT. 

15. W\at is their oath of office ? 

16. What is their tenure of office ? 

17. What reasons are given by an eminent statesman for this! 

18. How are the Judges removable ? 

19. What is said about the salaries of the Judges ? 

20. What is the amount of each ? 



LESSON 68. 
JUDICIAL— Continued. 

( 1. Limitation. 69. 
III. Jurisdiction. < 2. Original. 70. 
(3. Appellate. TO. 

1. Limitation. — Constitution: "The judicial power 
shall extend to all cases in law and equity arising under 
this Constitution, the laws of the United States, and trea- 
ties made or which shall be made under their authority." 

This clause defines the entire jurisdiction of the judiciary 
of the United States, so far as it relates to subject-matter. 
By judicial power, as here used, we are to understand the 
power of the national courts in the administration of 
justice. The word power refers to jurisdiction, or the 
authority of the court. 

The subject-matter of a cause in court is the thing or 
question to be decided : the parties are the persons or 
corporations legally interested in the decision of the court 
on the subject-matter. 

" The word law is generally understood, as defined by 
law-writers, to be the supreme power of the State, through 
its Legislatures, commanding what is right, and prohibit- 
ing what is wrong. 

"The word equity, as applied to judicial proceedings, 
does not mean contrary to law ; but it reaches cases to 
which the law can not be applied by reason of its univer 
sality. 



JUDICIAL. 235 

" The object of equity jurisprudence is to supply the 
deficiencies of the courts of law, and to render the admin- 
istration of justice more complete, by affording relief 
where the courts of law, in consequence of imperfections 
of their machinery, or of their too rigid adherence to 
peculiar forms, are incompetent to give it, or to give it 
with effect." 

Jurisdiction is of two kinds, original and appellate. 

Original jurisdiction is jurisdiction of a cause from its 
beginning. If a party can begin his suit in the circuit 
court, for instance, we say the circuit court has original 
jurisdiction in the case. If he can not bring his case into 
that court until it has been first tried in some lower court, 
then we say the circuit court has appellate jurisdiction. 

Some kinds of causes can be commenced in either of 
two different courts. Such courts, in such cases, are said 
to be courts of concurrent jurisdiction ; that is, either 
court has jurisdiction of such a cause. If there is but 
one court in which a case can be brought, that court is 
said to have exclusive jurisdiction. 

The Supreme Court of the United States has original or 
appellate jurisdiction in all cases arising under the Consti- 
tution and laws of the United States, and under treaties, 
as aforesaid. 



QUESTIONS, 

21. What is the extent of the judicial power? 

22. What is meant by judicial power as here used ? 

23. What is the subject-matter? 

24. What is the meaning of the word law ? 

25. What is the meaning of equity ? 

26. What is the object of equity jurisprudence? 

27. How many kinds of j urisdiction, and what is each? 

28. What is concurrent jurisdiction ? 

29. When is a court said to have exclusive jurisdiction? 



236 CIVIL GOVERNMENT. 

LESSON 69. 

JUDICIAL-Continued. 

III. Jurisdiction — Continued, 

2. Original. — By constitutional provision the Supreme 
Court has original jurisdiction in the following cases : 

1. In all cases affecting ambassadors, other public min- 
isters, and consuls. 

2. Those in which a State shall be a party. 
The last include controversies, 

1st. Between two or more States ; 

2d. Between a State and the citizens of another State ; 
and, 

3d. Between a State or the citizens thereof, and for- 
eign States, citizens, or subjects. 

In all the foregoing classes of cases, suits may be com- 
menced in the Supreme Court. 

But by the eleventh Article of Amendments to the 
Constitution : 

" The judicial power of the United States shall not be 
construed to extend to any suit in law or equity com- 
menced or prosecuted against one of the United States by 
citizens of another State, or by citizens or subjects of any 
foreign State." 

How is a person to obtain relief, then, in case he has a 
claim against a State ? In the first place, it is presumed 
that no wise government will withhold justice from its 
citizens. The citizen to whom the State may be indebted 
can petition the Legislature direct for redress, unless some 
Dther means have been instituted by the State. 

Again in some of the States, courts of claims have been 
established for the same purpose, into which the citizen 
can bring his claim, by petition or otherwise, for adjudica* 



JUDICIAL. 237 

tion ; and, if he shows the State to be indebted to him, 
the Legislature will make provision for payment. 

In 1855, a court of claims was established, by Act of 
Congress, to hear and determine claims against the United 
States. The demand is presented to the court by petition, 
setting forth specifically its origin and nature ; and the 
party is allowed to prove it by the same rules of evidence 
that are usually adopted in courts of justice. If a claim 
is established, Congress makes provision for its payment. 
An attorney, called the solicitor of the United States, 
appears in behalf of the government before this court. 



QUESTIONS. 

80. In what cases has the Supreme Court original jurisdiction? 

81. What restrictions are included in the eleventh Article of 

Amendments ? 

32. How is relief to be obtained against a State ? 

33. When, and for what purpose, was a court of claims established ? 



LESSON 70. 

JUDICIAL— Continued. 
III. Jurisdiction — Continued. 

3. Appellate. — By the Constitution, the Supreme 
Court has appellate jurisdiction, both as to law and fact, 
with such exceptions, and under such regulations, as Con- 
gress shall make, 

1st. In all cases of admiralty and maritime jurisdiction. 

2d. In controversies to which the United States shall 
be a party ; 

3d. Between citizens of different States ; 

4th. Between citizens of the same State claiming lands 
under grants of different States. 



238 CIVIL GOVERNMENT. 

What is meant by appellate jurisdiction has already- 
been explained. By cases of admiralty and maritime 
jurisdiction, reference is had to the power to try and 
determine, on appeal, all causes originating on the high 
seas, or on rivers, ports, or harbors communicating with 
the sea, and out of the reach of ordinary courts of justice. 

Admiralty causes must arise w r holly on the sea or on 
waters immediately communicating with the sea, and not 
within the jurisdiction of any country. On the high seas, 
all nations claim a common right and a common jurisdic- 
tion ; and therefore causes originating there should come 
exclusively under the jurisdiction of the national courts. 

They can not be brought, however, in the first instance, 
into the Supreme Court of the United States, but may be 
appealed into that court after having been commenced 
and tried by a lower court of the United States, which, 
by a law of Congress, is an admiralty court. 

The subjects for adjudication which properly come into 
courts of admiralty are, captures in war made on the 
high seas, captures in foreign ports and harbors, captures 
made on land by naval forces, and captures made in the 
rivers, ports, and harbors of the captor's own country. 

If an American, commissioned with letters of marque 
and reprisal, shall make captures as aforesaid, it is his 
duty to bring them into the court for adjudication. If 
the court shall decide that the things in controversy were 
lawfully captured, and according to the usages of war and 
law of nations, they are awarded to the captors. If the 
decision is that they were unlawfully seized, they will be 
aw T arded by the court to the owners with damages for 
detention. 

The ordinary admiralty and maritime jurisdiction also 
embraces all civil and criminal cases of a maritime nature. 
The district courts of the United States, however, as courts 
of admiralty and maritime jurisdiction, are limited to the 



JUDICIAL. 239 

trial of crimes and offenses for which but^^>derate pun- 
ishment is inflicted. The graver and higher crimes are 
referred to the circuit courts as courts of admiralty. 

Controversies in which the United States shall be a 
party are to be adjudicated in the Federal courts. Cases 
in which the whole people are interested should not be 
left to the decision of a State court. The United States 
must bring suit, however, in the first instance, in the in- 
ferior courts, — that is, in the district or circuit courts, — 
and can not reach the Supreme Court except by appeal. 

" Unless this power were given to the United States, 
the enforcement of all their rights, powers, contracts, and 
privileges, in their sovereign capacity, would be at the 
mercy of the States. They must be enforced, if at all, in 
the State tribunals ; not only would there be no compul- 
sory power over those courts to perform such functions, 
but there would be no means of producing uniformity in 
their decision." 

By Act of Congress, a citizen of one State may bring 
suit against a citizen of another in the circuit court of the 
United States in civil matters, provided the matter in 
controversy exceeds five hundred dollars exclusive of costs. 
An alien may sue or be sued in this court also for the 
same amount. And these courts have original jurisdic- 
tion also in matters relating to the United States revenue 
and to copyrights, being cases that arise under the laws 
of the United States. In all these cases, the Supreme 
Court has appellate jurisdiction only. 

An appeal may be taken from the district court to the 
circuit court, and from the circuit to the Supreme Court, 
under certain restrictions and limitations. 

Controversies between citizens of the same State claim- 
ing lands under grants of different States, must be adju- 
dicated in the United States courts. State courts can not 
be supposed to be unbiased in cases of this nature. 



240 CIVIL GOVERNMENT. 

Claims to lands under grants of different States, founded 
on adverse pretensions of boundary, would almost forbid 
the possibility of judicial fairness, candor, and impartiality 
on the part of the State courts of either granting State. 

The State laws may have even prejudged the question^ 
and tied the courts down to decisions in favor of the 
grants of the State to which they belonged. And, where 
this has not been done, it would be natural that the 
judges, as men, should feel a strong predilection for the 
claims of their own government.* And, at all events, the 
providing of a tribunal, having no possible interest on the 
one side more than the other, would have a most salutary 
tendency in quieting the jealousies and disarming the 
resentments of the State whose grant should be held 
valid.f 



QUESTIONS. 

34. In what cases does the Supreme Court have appellate jurisdiction? 

35. By what power may this jurisdiction be restricted? 

36. To what do cases of admiralty and maritime jurisdiction refer? 

37. Where must admiralty causes arise ? 

38. Why should these causes be confined to the national courts? 

39. What are the subjects for admiralty courts? 

40. What is the duty of an American who makes captures under 

letters of marque and reprisal ? 

41. What is the result of trial in such cases ? 

42. What crimes may be tried in the district courts ? 

43. Where are the higher crimes tried ? 

44. Where are controversies to be tried to which the United States 

is a party, and why ? 

45. In what cases may a citizen of one State sue a citizen of another 

State in the circuit courts ? 

46. In what cases has the circuit court original jurisdiction? 

47. What is said about appeals ? 

48. Why should controversies relating to lands claimed under 

grants of different States be referred to the Federal courts. 

* Federalist, No. 80. t Story on Constitution. 



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